UNODC Precursor Control at A Glance
UNODC Precursor Control at A Glance
expression of any opinion whatsoever on the part of the United Nations Office on Drugs and Crime or of the United Nations Secretariat. This document is meant for information of drug law enforcement officers and other stakeholders. This document has not been formally edited. Under no circumstances shall UNODC, the United Nations or any of its affiliates be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of this book, including without limitation, any fault, error, omission, interruption or delay with respect thereto even if UNODC has been advised of the possibility of such damage.
reface
Precursor control is one of the five key areas identified by the United Nations General Assembly Special Session held in June 1998 as requiring time-bound action. For the past several years, UNODC's Regional Precursor Control Projects in South Asia have been assisting the governments of the seven SAARC countries to strengthen their precursor control regimes. Sensitising drug law enforcement officers to the threat of the diversion of precursors and the need to control them has, we believe, been one of the important achievements of our endeavours. As a result of these interventions, a trained pool of trainers is now available in each of the project countries. However, the training programmes obviously cannot reach all those who need to know about precursors. Therefore, in order to expand the scope of the project's activities, this booklet has been prepared. Anyone who can spare the hour or so it will take to read and digest the booklet should come away with a much better understanding of the subject of precursor control. UNODC greatly appreciates the efforts of the Regional Precursor Control Project team - Mr. Devendra Dutt, Mr. P. V. Subba Rao and Ms. Shveta Aima - who worked hard to distil the essence of precursor control into this small booklet. Special thanks also to Mr. Mark Colhoun, from the INCB Secretariat (Precursor Control Unit) in Vienna who reviewed the contents.
ontents
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List of Abbreviations 1. Introduction 2. Precursor chemicals 2.1 Precursors of concern in South Asia 2.1.1 2.1.2 2.1.3 Acetic anhydride Anthranilic acid Ephedrine and pseudoephedrine
v 1 2 3 3 3 3 4 4
3. International control over precursors 3.1 The United Nations Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances, 1988 3.2 The role of INCB 3.3 The role of competent authorities 4. Preventing diversions 4.1 Methods of diversion 4.2 Intelligence collection 4.2.1 4.2.2 Overt or open methods Covert methods
5 5 6 6 7 7 8
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4.3 Investigation 4.3.1 4.3.2 4.3.3 4.3.4 Consignments Documents Statements Follow up
8 8 10 10 10 11 11 11 11 12 12 12 12 12 13 14
4.4 Role of different agencies in preventing diversions 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 Role of Customs Department Role of the Excise Department or Department of Trade and Industry Role of Police Role of the Regulatory Authority Role of Border Guards
4.5 International operations 4.5.1 4.5.2 4.5.3 Operation Purple Operation Topaz Project Prism
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ATS CND DMT HCl
ist of abbreviations
Amphetamine Type Stimulants Commission on Narcotic Drugs Dimethyltryptamine Economic and Social Council Hydrochloride International Criminal Police Organisation International Narcotics Control Board Lysergic Acid Diethylamide 3,4-Methylenedioxyamphetamine 3,4-Methylenedioxyethamphetamine 3,4- Methylenedioxymethamphetamine No Objection Certificate 1-(1-phenylcyclohexyl) Piperidine also known as phencyclidine Pre-Export Notification 1-[1-(2-thienyl)cyclohexyl] Piperidine- also known as tenocyclidine United Nations Office on Drugs and Crime World Customs Organisation
ECOSOC
ICPO-Interpol INCB LSD MDA MDE MDMA NOC PCP PEN TCP UNODC WCO
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ntroduction
he illicit production and abuse of drugs is one of the major challenges faced by mankind today. Some drugs of abuse are produced from plants and are called natural drugs. There are three main species of plants from which drugs are produced. The first of these, opium poppy (Papaver somniferum), is the source of opium. Opium is a natural drug which, acting on the central nervous system, has a depressant effect. The seeds of this plant, called poppy are used as a condiment in South Asian cooking.
combined with acetic anhydride, we get diacetylmorphine also known as heroin. Morphine, codeine and heroin are semisynthetic drugs produced from opium while cocaine is a semi-synthetic drug produced from coca. There is a third category of drugs known as synthetic drugs. These are produced solely through chemical reactions. Diazepam, methaqualone (commonly called as mandrax), amphetamine-type stimulants such as amphetamine and MDMA (commonly known as ecstasy) are examples of synthetic drugs. The majority of the drugs of abuse are either semi-synthetic or synthetic by nature. One of the techniques of containing them is curbing their production by denying illicit drug manufacturers access to the chemicals required to manufacture drugs. Such chemicals are widely referred to as precursors. Precursors are legitimate chemicals with uses in industry, medicine, research, etc. and are legally produced. Illicit drug manufacturers divert them from legitimate trade and industry and use them to produce illicit drugs. The job of enforcement officers is to stop this diversion without impeding the normal legitimate trade. Precursor control is thus a strategy to reduce the availability of narcotic drugs and psychotropic substances by preventing illicit drug manufacturers from obtaining the chemicals they require for such manufacture.
Cannabis is the second drug producing plant. The flowering tops of this plant are called ganja while the resin derived by crushing the plant is known as hashish or charas. Like opium, cannabis is a natural drug. The third drug producing plant, the coca plant, grows in South and Central America. Coca leaves and coca paste are natural drugs derived from this plant. These natural drugs can be processed to isolate the active ingredient, i.e., the psychoactive substance in the natural drug that actually produces the effect on the user. Such active ingredients can also be modified chemically to make them more potent. The active ingredients so isolated or their chemically modified forms are known as semi-synthetic drugs. For instance, morphine and codeine are active ingredients isolated from opium. If morphine is chemically
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recursor chemicals
recursors are chemicals frequently used in the illicit manufacture of narcotic drugs and psychotropic substances. There are hundreds of synthetic and semi-synthetic drugs of abuse. In order to produce each of them, one requires precursors. If we try to control all these precursors, our job becomes unwieldy, our efforts will be spread too thin, over too many chemicals, rendering controls ineffective. We must, therefore, identify a few key precursors and control them. For instance, we can identify the most widely abused semi-synthetic and synthetic drugs and then identify the precursors most critical to their manufacture. Since precursors are often Table I Acetic anhydride N-acetylanthranilic acid Ephedrine Ergometrine Ergotamine Isosafrole Lysergic acid 3,4-methylenedioxyphenyl-2-propanone Norephedrine 1-phenyl-2-propanone Piperonal Potassium permanganate Pseudoephedrine Safrole The salts of the substances listed in this Table whenever the existence of such salts is possible.
trafficked across the borders, there should be harmony between the laws of different countries both in terms of which precursors are controlled and what kinds of controls are imposed on them. The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (which we shall call the 1988 Convention for the sake of brevity), therefore, identifies those precursors most crucial to the illicit manufacture of drugs. These are listed in Table-I and Table-II of the convention and are universally accepted as precursors. These chemicals are listed below and their licit and illicit uses are in the annexure. Table II Acetone Anthranilic acid Ethyl ether Hydrochloric acid Methyl ethyl ketone Phenylacetic acid Piperidine Sulphuric acid Toluene
The salts of the substances listed in this Table whenever the existence of such salts is possible (the salts of hydrochloric acid and sulphuric acid are specifically excluded)
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any countries - especially the ones known for illicit heroin production - neither manufacture precursors nor have the capacity to do so. Since precursors have licit uses and are available for those purposes, illicit drug manufacturers obtain them by either diverting them from international trade or through smuggling. They only rarely produce precursors themselves. International control over precursors is, therefore, essential to prevent such diversion of precursors. The 1988 Convention provides the framework for international control and ensures: Some degree of harmony between the laws of different countries and Provide mechanisms for cooperation between different countries To coordinate these activities, the Economic and Social Council requested Governments to identify a 'competent authority' for each country who serves as national nodal authority. The Competent Authorities also interact with their counterparts in other countries as well as international bodies such as the International Narcotics Control Board (INCB).
Convention on Psychotropic Substances, 1971 and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (hereinafter called 1988 Convention) Although all these three UN conventions emphasized the need to regulate precursors, the 1988 convention has dealt with the subject in detail laying down the basic framework of control of precursors (Article 12). The article requires states to adopt legislative, regulatory and administrative measures they deem necessary to prevent diversion of precursors. Furthermore, trafficking should be an offence in that country's law. The convention requires parties to make it a criminal offence to manufacture, possess, transport, or distribute precursors or equipment with the knowledge that they are meant for illicit production or manufacture of drugs (Article 3). The convention also requires states to cooperate closely with one another (Article 9). What does 'co-operation' mean in practical terms? It means that: States should establish and maintain channels to facilitate rapid exchange of information. They should also cooperate in conducting enquiries. The 1988 Convention also requires states to make effective use of the technique called controlled delivery (Article 11). In this technique, suspect consignments of precursors or drugs are not immediately seized but are allowed to reach their final destination under surveillance of the authorities to identify the
3.1 The United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, 1988
There are three UN Conventions, which deal with drug related matters: Single Convention on Narcotic Drugs, 1961
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real persons behind the transaction. Since consignments often move across international borders, cooperation is vital.
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reventing diversions
n this section we will examine the various methods that traffickers employ to divert precursors and the techniques through which we can counter them under the following five sub-headings: Methods of diversion Intelligence collection Investigation Role of different agencies in preventing diversions International operations
of drivers. The quantity of precursors pilfered from each tanker or truck is so small that it can easily go undetected. But traffickers often accumulate significant quantities of precursors through repeated pilferage. In South Asia, this method has often been used to divert acetic anhydride. c) False reporting of leakage: The consignor sends a false report stating that the tanker leaked in transit and a significant quantity of precursor was lost. The precursor is meanwhile diverted into illicit channels. d) Misdeclaration of description: In many countries, one needs a licence to import or export precursors. Such consignments are also subjected to more intensive checks by customs services. Traffickers export the consignment of precursor chemical wrongly declaring it as a consignment of some other commodity to bypass both licensing requirements and rigorous checks. Through this method nine tons of acetic anhydride was successfully exported from India to Dubai by declaring the consignment of chemicals as consignment of acid for pickles. The diverted acetic anhydride was sufficient to produce 3.6 tons of heroin. e) Forged no objection certificates (NOCs) or import and export permits: Traffickers place an order for the import of a precursor along with a forged import permit and if the authorities in the exporting country do not detect the forgery, a huge consignment is available for diversion.
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f ) Manipulation of the quantity in the NOC or import or export licence: This involves taking a genuine license and inserting a zero in the quantity descriptor. A Mumbai-based exporter once presented an NOC from the competent authority of the importing country to export 2 million ephedrine tablets to Trinidad and Tobago. When an enquiry was conducted, it was confirmed that the actual quantity permitted in the NOC was only two hundred thousand ephedrine tablets. The difference of one million eight hundred thousand tablets could have been easily used to produce methamphetamine. g) Orders placed using the names of nonexistent firms: If you succeed, the entire consignment is available for illicit trade. If the authorities find out, there is very little chance of being caught. Alternatively, using the name of a bona fide company but inserting a false contact address with false telephone and fax numbers makes it easy to import. When the time for delivery comes, traffickers ask the transporter to deliver the consignment at a different address citing some place with storage provision. h) Conceal orders for precursors amongst innocuous chemicals: They begin with placing orders for small quantities of precursors and often conceal the true order for precursors amongst a list of innocuous or harmless chemicals and other materials.
trafficking without intelligence. To gather intelligence we need to concentrate our efforts at possible stages of diversion such as place of manufacture, sale and transportation. There are two methods of collecting intelligence overt or open and covert or secret.
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Unusual and special packaging of the chemical is another cause for suspicion. Similarly, incorrect or vague labelling is also a reasonable cause for suspicion. Bulky consignments of chemicals being sent by air should also be checked carefully since it does not make business sense to send such consignments by air.
telephone intercepts, GPS-based satellite tracking, etc. Interception of telephones, when permitted legally, can be extremely useful in identifying and preventing diversions. Satellite tracking devices are extremely useful to monitor international movement of suspect consignments. Finally, undercover operations, including the infiltration of networks by agents or the conducting controlled deliveries, provide a useful source of intelligence and can be orientated directly for a prosecution in a court of law or in furthering investigations to learn more of the methods used by trafficking networks and those involved in the illicit activities.
4.3 Investigation
Let us consider what factors can trigger investigations into cases of diversion: a. Specific intelligence about diversion; b. Follow-up into a detection and seizure at an illicit drug-manufacturing factory; c. Investigations into shipments stopped in international trade as reasons exist to believe the order was an attempt to divert the precursors in question; d. Follow-up into a case in some other country In investigations into diversions of precursors from international trade, special attention should be paid to the following: Consignment Documents Statements Immediate follow up
4.3.1 Consignment
In the case of an export of precursor chemicals, the following should be checked: Does the exporting company actually exist? Is it registered for the purpose? Is the ordered chemical consistent with the use for which it is specified?
Secondary sources
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Financial reward Recognition Revenge or Thrill Keeping a discrete watch over persons, places and vehicles.
Profiling to identify suspect consignments on the basis of passed seizures. Provides accurate information but requires a large manpower and is very expensive.
Cultivate informers in
Extremely useful if one has the correct numbers Needs permission from authorities Reliable officers should be given the job of monitoring GPS based satellite monitoring is very useful in tracking international consignments of precursors.
allows gathering of court orientated evidence identification of activities and individuals in criminal networks
D I V E R S I O N S
PRECURSOR CONTROL
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Is there a requirement for this particular chemical in the importing country? Is it a first time order or is it part of an irregular ordering pattern? Has the customer specified any unusual packaging requirements? Is the consignment to travel by airfreight? Is this cost effective for the particular chemical? Is there a bona fide delivery address? Do the delivery requirements specify a post office box number? Is the consignment destined for a named individual within a company?
Notice given to the person being questioned concerning his right against self-incrimination. Signature of the person preparing the statement should also be taken into consideration. Investigating officers should keep in mind the following while recording statements. Use short questions confined to one topic that can be clearly and easily understood. Ask questions that require narrative answer and avoid questions that can be answered by 'YES' or 'NO'. Avoid leading questions, that is, questions that suggest an answer. Ask the interviewee how he or she learned what he or she states to be a fact. The interviewee should also be required to deliver the factual basis of any conclusions stated. Remain alert to prevent the interviewee from aimless wandering and demand a direct response. Concentrate more on the answer than on the next question. To avoid an unrelated or incomplete chronology, the investigating officer should clearly understand each answer and ensure that any lack of clarity is eliminated before continuing further. When all the important points get resolved, the officer should terminate the interview. If possible, leave the door open for further contact with the person giving statements. The investigating officer should get the answers from the person under questioning to the basic questions such as Who? What? Why? Where? When? and How? of the events.
4.3.2 Documents
The documents recovered during a search should be carefully examined. Pay special attention to the following documents: Past shipping bill or bills of entry Transport documents Private documents relating to transactions Documents relating to bank accounts Documents relating to properties Careful and timely scrutiny of documents may provide valuable clues and evidence of links between members of trafficking networks, their foreign links and the flow of money earned from the illegal venture.
4.3.3 Statements
Questioning the persons involved in, or concerned with, a diversion and carefully recording their statements play a very important role in successful investigations. The statements should, among other things, contain the following: Place, date and time. Name and address of person giving the statement. Name and designation of person asking the questions. Name and addresses of persons who are witnesses, if any.
4.3.4 Follow-up
Follow-up should be immediate and swift as any delay facilitates the destruction of evidence by
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the suspects. Samples of seized precursors should be drawn and sealed as per the prescribed procedure and sent to a laboratory for testing as early as possible. The chain of custody of the seized goods, documents and other forms of evidence should be properly recorded to establish their integrity in a court of law.
Is the means of transport, for example by air, consistent with the value of the precursor chemical?
Answers to these questions can enable customs officers to narrow down suspicious consignments of precursor chemicals.
1Responsible departments vary between countries in accordance with national legislation, competencies and
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work in tandem in these operations. Three such operations namely Operation Purple, Operation Topaz and Project Prism have so far been launched.
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used in such manufacture . Project Prism is directed by a task force supported by two working groups-the Chemicals Working Group and the Equipments Working Group. Operational activities commenced in January 2003 with a focus being placed on specific time-bound regional operations.
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nnexure
Information about precursors
N- Acetylanthranilic Acid
Physical appearance
Fine, white or off-white crystalline powder
Hazards
Harmful if swallowed
Acetic Anhydride
Physical appearance
Colourless (sometimes yellowish) liquid with a strong, vinegar-like smell
Hazards
Vapour can irritate eyes, ears and nose. Acetic anhydride is highly corrosive
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A N N E X U R E
Ephedrine
Physical appearance
Waxy solid crystals or granules with a soapy feel
Hazards
Harmful if swallowed
Ergometrine
Physical appearance
White crystalline substance
Hazards
Ingestion can cause vomiting, diarrhoea, severe thirst, confusion and even unconsciousness
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PRECURSOR CONTROL
AT A G L A N C E
Ergotamine
Physical appearance
Made of hygroscopic crystal
Hazards
Ingestion can cause vomiting, unconsciousness, confusion, unquenchable thirst and diarrhoea
Isosafrole
Physical appearance
Colourless (sometimes yellowish) viscous liquid with sweet odour
Hazards
Moderately toxic. Poisonous if it takes parenteral route i.e., routes other than alimentary tract. Skin irritant. Experimental carcinogen and tumorigen
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A N N E X U R E
Lysergic Acid
Physical appearance
White crystalline powder
Hazards
Highly toxic. Ingestion can cause vomiting, unconsciousness, confusion, unquenchable thirst and diarrhoea
3,4-Methylenedioxyphenyl - 2-Propanone
Physical appearance
Liquid with anise-like odour
Hazards
Can cause severe irritation to eyes and skin
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PRECURSOR CONTROL
AT A G L A N C E
Norephedrine
Physical appearance
White powder
Hazards
Harmful if inhaled, ingested or absorbed through skin. Can cause irritation to eyes, skin and respiratory tracts
1-Phenyl-2-Propanone
Physical appearance
Colourless, yellowish moderately viscous liquid
Hazards
Is inflammable, can cause injuries. Irritates skin and eyes
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A N N E X U R E
Piperonal
Physical appearance
Colourless, lustrous needle-shaped crystal with heliotrope odour
Hazards
Severe irritation to eyes and skin. If inhaled or ingested can cause headaches, dizziness and vomiting
Potassium permanganate
Physical appearance
Dark purple or bronze like crystal. It tastes sweet but has an astringent after taste
Hazards
May cause explosion on contact with organic or other oxidizable substances both in solution and in dry state
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Pseudoephedrine
Physical appearance
Crystalline White
Hazards
Harmful if swallowed
Safrole
Physical appearance
Colourless or slightly yellow liquid or crystals with an odour much like that of sassafras tree
Hazards
Moderately toxic when ingested. Known skin irritant. Experimental carcinogen and neoplastigen. Can turn combustible if exposed to heat or flame
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A N N E X U R E
Acetone
Physical appearance
Colourless liquid with quickly evaporating sweetish odour
Hazards
Highly inflammable. Causes severs irritation to eyes and skin. Inhalation and ingestion may lead to headaches and dizziness followed by nausea
Anthranilic Acid
Physical appearance
Powder with a colour range from white to yellow. Sweet to taste
Hazards
Harmful if swallowed. Causes irritation to eyes and respiratory tract
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PRECURSOR CONTROL
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Ethyl Ether
Physical appearance
Colourless liquid with sweet pungent odour and burning taste
Hazards
Mildly toxic when inhaled or ingested. Can cause severe irritation to eyes and skin
Hydrochloric Acid
Physical appearance
Clear, colourless to light yellow fuming liquid with a pungent odour
Hazards
Strongly corrosive. Vapours can induce irritation into respiratory tracts, mucous membranes and eyes
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A N N E X U R E
Hazards
Highly inflammable. Causes severe irritation to eyes and skin. Inhalation and ingestion may lead to headaches and dizziness and vomiting
Phenylacetic Acid
Physical appearance
White powder with disagreeable, pungent odour
Hazards
Moderately toxic when ingested. Is an experimental teratogen i.e can cause malformation of embryo or foetus
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PRECURSOR CONTROL
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Piperdine
Physical appearance
Colourless or yellowish-brown liquid with intensely unpleasant odour.
Hazards
Toxic if inhaled or on coming in contact with skin.
Sulphuric Acid
Physical appearance
Odourless, clear and colourless oily liquid. It is more viscous than water.
Hazards
Extremely corrosive. Reacts with water or steam to produce heat.
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A N N E X U R E
Toluene
Physical appearance
Mobile, refractive, Colourless liquid with benzene like odour
Hazards
Moderately toxic on inhalation or ingestion. Inhalation in higher doses can result in headache, nausea and impairment of coordination and reaction time. Severe irritant to eyes and skin. Experimental teratogen
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