MALTA 2009-10 INTERNATIONAL NARCOTICS CONTROL

UNCLAS VALLETTA 000490 SIPDIS DEPT FOR INL, JOHN LYLE DEPT ALSO FOR EUR/WE E.O. 12958: N/A TAGS: SNAR MT SUBJECT: MALTA 2009-10 INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT (INCSR) PART I REF: STATE 97228 ¶1. Malta's 2009-10 INCSR Part I is submitted in response to reftel. ¶2. Text follows: ¶I. Summary The Republic of Malta does not play a significant role in the transit, processing or production of narcotics and psychotropic drugs and other controlled substances. Surveys indicate that illicit drug use is confined to a small segment of the population. The Maltese Government dedicated significant time and effort over the past decade updating Malta's laws and criminal codes in preparation for joining the European Union in 2004. As a result, Malta's criminal code is in alignment with the goals and objectives of the 1988 United Nations Drug convention, which Malta ratified in ¶1999. The Malta Police Drug Unit and the National Drug Intelligence Unit (NDIU) continue to improve their capabilities. Their success is perhaps best illustrated by the general upward trend in seizures of controlled substances over the last five years. This trend is the result of improved coordination and communications among all agencies involved in controlling drugs. II. Status of Country Malta, an island nation of some 413,000 population between Sicily and North Africa, is a minor player in global production, processing, and transshipment of narcotics and other controlled substances. There is no evidence to indicate that Malta's role in the worldwide drug trade will change significantly in the near future. There is some evidence to suggest that on a small scale Malta serves as a transshipment point for drugs from Africa to Europe. Malta is not isolated, with daily flights, numerous ship calls, a large commercial port, the presence of numerous irregular migrants, and frequent international travel by a large percentage of Maltese, the island has myriad connections with Europe and Africa. The drug problem is generally limited to the sale and use of consumer quantities of illegal drugs. Consumption is generally not high, although there has been over the past decade an increase in the proliferation of recreational drugs such as Ecstasy and also an increased use and trafficking of illicit drugs by persons under eighteen. Police have recently seized quantities of the drug khat, which is frequently seen in countries surrounding the Horn of Africa, from which a number of asylum seekers have arrived in recent �0A;years. Cultivation activity in-country appears to be limited to the growing of less than a few hundred cannabis plants per year for local consumption. Malta is not a precursor or essential chemical source country. There are a number of generic pharmaceutical firms operating in Malta but no evidence of diversion from the production side. There are stringent legislative controls of the pharmaceutical sector and the Maltese Health Department conducts inspections and review of company records. III. Country Actions against Drugs in 2009 Policy Initiatives. In 2004, the Government of Malta and the United States successfully negotiated a Maritime Counter-Narcotics Cooperation Agreement. This agreement concerns "cooperation to suppress illicit traffic in narcotic drugs and psychotropic substances by sea" and is intended to assist the interdiction of the flow of drugs via Maltese flagged shipping. Parliament passed the legislation necessary to implement the Counter Narcotics Cooperation Agreement in November 2007. The agreement entered into force after the exchange of notes in December 2007, and Malta is prepared to execute the provisions of the Agreement. Law Enforcement Efforts. Since the drug problem in Malta is not widespread, enforcement agencies are able to focus a substantial percentage of their resources on preventing the smuggling of drugs into Malta. The Police Drug Squad and Customs personnel have had significant success through the profiling and targeting of suspected passengers transiting the airport. The Police and the Armed Forces of Malta work together to monitor, intercept and interrupt sea borne smuggling of illegal drugs. Maltese Custom officials have worked to become more adept at detecting and preventing the movement of drugs through the Malta Freeport. Port authorities have shown the ability to respond quickly when notified by foreign law enforcement of intelligence-related to transshipment attempts. Maltese law provides the necessary provisions for asset forfeiture of those accused of drug related crimes. In 2009, the Courts handed down several prison sentences and fines related to drug offences and ordered the freezing and/or seizure of cash and movable or immovable property of several persons found guilty of drug trafficking. 2009 Drug Statistics: Drug Seizures (January 1)October 31, 2009): A) Coca leaf = N/A B) Cocaine = 13 Kg 793.123 g C) Opium poppy straw = N/A D) Opium gum = N/A E) Heroin = 8 Kg 323.63 g F) Cannabis: - Resin = 23 Kg 319.69 g - Grass = 458 Kg 259.4 g - Seeds = 5 g - Plants = 6 plants G) Other Police statistics also reveal the seizure of: - 21,567 tablets of Ecstasy - 780 ml of liquid cocaine - 20 Kg 250 g of khat - 450 ml of methadone - 1 tablet of Amphetamine - 3,000 Ecstasy look-alike tablets 2008 Arrests (January 1*October 31, 2009): Total = 513 (426 males, 87 females) Nationals = N/A Foreign = N/A Corruption. The Government of Malta does not, as a matter of policy, encourage or facilitate illicit production or distribution of narcotic or psychotropic drugs or other controlled substances, or the laundering of proceeds from illegal drug transactions. No senior official is known to engage in, encourage, or facilitate narcotics production or trafficking, or the laundering of proceeds from illegal drug transactions. Maltese law contains the necessary provisions to deal effectively with official corruption. In 2002 the country's Chief Justice and a fellow judge, both of whom thereafter voluntarily resigned their positions, were arraigned on corruption charges for taking bribes from inmates convicted on drug charges. Investigative agencies used wiretapping authority to identify the judges involved and gather evidence that they were planning to accept bribes in exchange for reducing the sentences of several individuals appealing the terms of their drug convictions. In 2007, one of the accused pleaded guilty to the charges and was sentenced to two years imprisonment. The case against the former chief justice is still pending. In connection with the case, in 2008 an inmate and two accomplices were sentenced to four and three years imprisonment, respectively. Agreements and Treaties. Malta is a party to the 1988 UN Drug Convention, the 1961 UN Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and the 1971 UN Convention on Psychotropic Substances. Extraditions between the United States and Malta are currently covered by the Extradition Treaty between the United States and United Kingdom, signed on December 22, 1931, and made applicable to Malta on June 24, 1935. In May 2006, Malta and the United States signed a new extradition treaty pursuant to the 2003 U.S.-EU extradition agreement. In addition, the U.S. and Malta concluded a partial bilateral mutual legal assistance instrument governing only those issues regulated by the U.S.-EU Mutual Legal Assistance Agreement. The new extradition treaty and partial mutual legal assistance instrument are pending entry into force. In 2009, Malta and Uzbekistan signed an Agreement on Cooperation in the Fight against Organized Crime, Contraband and Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors. Drug Flow/Transit. There is no indication that Malta is a major trafficking location. The Malta Freeport container port is a continuing source of concern due to the high volume of containers passing through its vast container terminal. The USG has provided equipment and training as part of non-proliferation and border security initiatives that also have enhanced Malta's ability to monitor illicit trafficking through the Freeport. This has improved detection and should act as a deterrent to narco-traffickers seeking to use container-shipping activity at the Freeport as a platform for drug movements internationally. Malta serves as a transfer point for travelers between North Africa and Europe. In 2009, there were several cases involving heroin and cocaine being smuggled into Malta carried by visitors from African, western hemisphere and European countries, mostly from Eastern Europe and South America. Traditionally, Malta's drug problems involved the importation and distribution of small quantities of illegal drugs for individual use. Arrests in 2009 included, a Slovak national -- apprehended at the Malta International Airport with a kilo of heroin in the form of 100 capsules in his stomach; a Bulgarian woman resident in the Netherlands -- 860g of cocaine and heroin in capsules; a Romanian living in Germany -- one kilo of cocaine and heroin in two large packages; a Ghanaian man and a woman from the Dominican Republic both holding Spanish identity cards ) one kilo of heroin and 3,000 ecstasy pills; a Bulgarian national ) one kilo of cocaine and heroin hidden in a suit case; a Panamanian national -- two kilos of cocaine in a suitcase; a British national ) 60g of cocaine seized aboard a yacht in Malta; and a man from the Dominican Republic who had admitted to importing a kilo of cocaine that was found in his hotel room. Malta has the world's eighth largest shipping flag registry, which makes it a likely player in future ship interdiction scenarios. Domestic Programs/Demand Reduction. A National Drug Policy was adopted in January 2008 to "streamline the practices to be adopted by the various bodies, governmental and non-governmental involved in the provision of services related to drug use.8 There are five main drug-treatment providers. Three are managed and funded by the government: Sedqa, Agency Against Drug and Alcohol Abuse, which falls under the Ministry of Social Policy; the prison-based unit SATU (Substance Abuse Therapeutic Unit),which falls under the Ministry for Justice and Home Affairs; and the DDU (Dual Diagnosis Unit) within Mount Carmel Psychiatric Hospital, which falls under the Ministry for Social Policy. Caritas and OASI are non-governmental voluntary treatment agencies, which receive partial support from the government. IV. U.S. Policy Initiatives and Programs Bilateral Cooperation. U.S. law enforcement and security agencies and their Maltese counterparts continue to cooperate closely on drug-related crime. U.S. Customs has provided several training courses in Malta over the last two years. Under the Export Control and Border Security assistance program (EXBS) at Embassy Valletta, the U.S. continues to work closely with port officials to improve their ability to monitor and detect illegal shipments. In 2005, a Coast Guard Attach was assigned to Embassy Valletta to improve coordination and training with the Maltese Maritime Enforcement Squadron. Training focuses on maritime search and seizure techniques as well as on the proper utilization and operation of two state-of the-art patrol boats. The Embassy's Regional Security Officer (RSO) works closely with the DEA Country Attach and the FBI Legal Attach based in Rome to foster cooperative efforts to strengthen law enforcement. The Road Ahead. The joint effort to provide training, support and assistance to GOM law enforcement agencies has clearly improved the Maltese enforcement ability to profile individuals possibly involved with trafficking and/or in possession of dangerous drugs. The number of arrests and seizures for drug related offenses has steadily increased, indicating that Maltese authorities are battling the drug problem within their own country and have benefitted from close USG cooperation. ¶3. Embassy Malta POC is Pol-Econ-Commercial Chief Tom Yeager, 356 2561-4167, yeagerta@state.gov. KMIEC