1.2. Justificación
2.2.10. Factores que afectan el desarrollo, actividad y supervivencia de la micorriza
Bangladesh is a source country for methamphetamine precursors such as ephedrine and pseudoephedrine. Bangladeshi entities purchase bulk shipments of ephedrine and pseudoephedrine from India and then produce pharmaceutical preparations containing pseudoephedrine. Bangladeshi authorities continue to be challenged by drug traffickers that divert precursor-based preparations from the legitimate market and smuggle shipments out of the country. Bangladeshi law enforcement agencies work closely with the DEA to seize and disrupt illicit drugs and chemicals.
The Government of Bangladesh is committed to the implementation of the 1988 UN Convention and regional agreements regarding control of narcotic drugs, psychotropic substances and
precursor chemicals. The government has included 22 precursor chemicals in the “Schedule of Drugs” of the Narcotics Control Act to comply with the provisions of Article 12 of the 1988 UN Convention. The Narcotics Control Act also allows financial investigations and freezing of assets derived from trafficking in drugs and precursors. The Government of Bangladesh is developing a new national drug policy in response to the threat posed to the region by the abuse of and trafficking in pharmaceutical preparations and other drugs.
The Narcotics Control Rules regulate the control, monitoring and supervision of use of precursors for industrial, scientific and medical purposes through a licensing
system. Department of Narcotics Control (DNC) issues licenses for the import, export, transport, ship, manufacture, sale, distribution, purchase, possession, storage, warehouse, or other use of controlled precursors
The Police, Customs, Rapid Action Battalion (RAB), Border Guards, and Coast Guard are also empowered to detect and intercept illegal operations regarding precursor chemicals. Bangladesh has established District Drug Control Committees (DDCC) to monitor and coordinate activities of all agencies responsible for interdicting drugs and precursors. The counterdrug unit of the Dhaka Metro Police has successfully assisted the DEA in conducting investigations targeting Dhaka based pseudoephedrine preparation traffickers. Despite government efforts, Bangladesh’s laws and resources are not adequate for effective control of precursors. The DNC lacks
sufficient manpower and equipment to consistently detect and interdict precursors.
China is one of the world’s largest producers and exporters of precursor chemicals, with
approximately 400,000 precursor chemical suppliers and distributors nationwide. As an original signatory to the 1988 UN Convention, China controls all 23 precursor chemicals. In addition, China regulates chloroform and hydroxylamine; in 2014 the PRC added
bromophenylethylketone and APAAN to its precursor control list.
The diversion of precursor chemicals originating from China for the illicit production of drugs in other countries remains a significant problem. China does not control, regulate, or monitor certain chemicals known as “pre-precursors” such as benzaldehyde and nitroethane. These pre- precursors are now the primary chemicals employed in the illicit manufacture of
methamphetamine in Mexico and Central America, which is often smuggled into the United States for consumption.
Most pre-precursor and precursor chemicals seized in Mexico and Central America destined for illegal production of methamphetamine were legally exported from China and illicitly diverted en route, or exported via fraudulent labeling or false declarations. Fraudulent labeling and false declarations are not criminal violations in China.
China is a significant producer of pseudoephedrine. It ranked the fourth largest exporter of pseudoephedrine, with 90,650 kg exported in 2013. It was also the fifth largest exporter of ephedrine in 2013, with 2,506 kg exported globally. ContacNT originating from China is the most prevalent type of pseudoephedrine combination product found in Australia and New Zealand, which is often used for the manufacture of methamphetamine. Although legally manufactured for domestic consumption in China, ContacNT is frequently smuggled and seized in Australia and New Zealand. China is also a major source of potassium permanganate, acetic anhydride, methylamine, peroxyacetic acid (PAA), piperonylmethylketone, hydroxylamine and other related chemicals that can be used to produce illicit drugs.
Chinese-produced pre-precursor and precursor chemicals are in high demand by transnational criminal organizations from Mexico, Colombia, West African countries, Iran, and
Pakistan. However, China is increasing its efforts and engagements with multilateral partners through organizations such as the UNODC and the INCB to prevent such chemicals from ending up in illicit drug manufacturing labs.
Hong Kong
Hong Kong, a Special Administrative Region of the People’s Republic of China, is neither a drug manufacturing nor chemical producing economy. With well-developed logistics connectivity to China, Hong Kong’s chemical trade is mostly in the form of imports for consolidation and subsequent re-export or transshipments; only small amounts are consumed locally. In 2013 – the most recent year for which data is available – controlled chemical imports totaled 10,686,598 kg, exports 3,266,918 kg, while 358,152 kg were transshipped. Hong Kong supports international efforts to prevent precursor chemical diversion through a combination of
Hong Kong’s Control of Chemicals Ordinance regulates the possession, manufacture, transport, and distribution of designated controlled chemicals. The Ordinance currently covers 26
chemicals, including all those in the 1988 UN Drug Convention. The Ordinance established a licensing regime and applies to imports,
exports, and transshipments. Permits for each shipment and government approval for all premises and containers used to store such chemicals are mandatory. The Control Chemicals Group (CCG) of the Hong Kong Customs and Excise Department’s Drug Investigations Bureau administers and enforces the Ordinance.
CCG establishes the bona fides of a proposed shipment, including through coordination with foreign counterparts via PEN Online. CCG encourages traders, shipping companies, airlines, and cargo handling agents to report suspicious transactions. While Hong Kong does not control sales of over-the-counter (OTC) medicines containing ephedrine and Pseudoephedrine, the CCG investigates reports of possible diversion or parallel trading involving those substances.
Hong Kong actively supports international efforts to prevent illicit chemical diversion. CCG and the Hong Kong office of the DEA have collaborated since 2008 on Operation Zircon Pacific to monitor suspicious shipments through Hong Kong of acetic anhydride, acetyl chloride,
piperidine, and potassium permanganate. CCG participated in INCB’s Prism and Cohesion projects. In February 2013, CCG joined INCB’s PICS. According to media reports, recent trends of illicit precursor trafficking, particularly of ethyl phenylacetate and ephedrine, involve smuggling operations between Hong Kong, Mainland China, and Latin America.
India
India is one of the world's largest manufacturers of precursor chemicals, including acetic
anhydride, ephedrine and pseudoephedrine. India’s large pharmaceutical industry manufactures narcotic drugs and psychotropic substances. India issues pre-export notifications for export of precursors using the INCB’s PEN Online system, and has a licensing regime to control
pharmaceutical products.
India controls 17 of the 23 controlled substance chemicals listed by the 1988 UN Convention. Out of the 17 controlled substances, the Narcotic Drugs and Psychotropic Substances (NDPS) Act designates a total of five as “Schedule A” substances (the highest classification for controls): acetic anhydride; ephedrine; pseudoephedrine; n-acetylanthranilic acid; and anthranilic acid. Domestic manufacture, transport, sale, possession, and international trade in designated precursor chemicals are also controlled under the NDPS Act.
In 2013, India was the second largest exporter of ephedrine with 58,829 kg in global exports; the largest exporter of pseudoephedrine with 440,132 kg in global exports; and the largest importer of ephedrine with 82,283 kg in global imports.
Criminal organizations continue to target India as a source of precursors for amphetamine-type stimulants, in particular ephedrine and pseudoephedrine. The diversion of ephedrine from legal production companies in India to illicit ephedrine brokers is a serious problem. The increased profitability from the manufacturing and distribution of methamphetamine has created a new
trafficking element that did not exist 10 years ago – transforming India into a significant source of precursor chemicals. Global methamphetamine demand is creating new precursor chemical entrepreneurs in India who are retooling commercial chemical factories to produce illicit quantities of ephedrine and methamphetamine. Increasing global prices and demand for high quality methamphetamine may influence the increase in illicit precursor chemical manufacturing and trafficking networks operating in India.
Legitimate factory owners and operators are transitioning into criminal drug production and trafficking due to the potential for enormous profits and low risk from Indian law enforcement. The Indian legal system is not adapting fast enough to keep up with this trend.
In 2014, the Indian Narcotics Control Bureau (NCB) worked with the United States to conduct several joint ephedrine-methamphetamine investigations targeting illicit ephedrine distributors and methamphetamine production laboratories. Recent joint NCB and DEA investigations have also targeted licit precursor chemical factory owners who have produced illicit amounts of ephedrine and methamphetamine.
Singapore
The Government of Singapore continues to be an effective partner with concerned countries in international chemical control initiatives to prevent the diversion of precursor chemicals. The country was ranked the third largest exporter (31,150 kg), and the fourth largest importer (11,512 kg) of ephedrine, and the third largest exporter (92,117 kg)and second largest importer (61,671 kg) of pseudoephedrine in 2013. Authorities indicate that the amounts not re-exported are used primarily by the domestic pharmaceutical industry and by the large number of regional
pharmaceutical companies served by Singapore’s port. Singapore is one of the largest
distributors of acetic anhydride in Asia, which is used for film processing and the manufacture of plastics, pharmaceuticals, and industrial chemicals.
Precursor chemicals including ephedrine transit Singapore, one of the busiest transshipment ports in the world. Singapore does not screen containerized transshipments unless they involve vessels from select countries of international concern, or contain strategic or controlled items, including certain chemicals. Singapore authorities have assisted foreign law enforcement agencies, when they suspect precursor diversion.
Singapore controls precursor chemicals, including pseudoephedrine and ephedrine, in
accordance with the 1988 UN Drug Convention. The Central Narcotics Bureau authorizes the import of controlled precursor chemicals only after reviewing documentation submitted by the importer as well as PEN Online records from the exporting country. Singapore sends pre-export notifications to foreign Competent Agencies for relevant substances as prescribed in Article 12 of the 1988 UN Convention. Singapore authorities also conduct site inspections on companies dealing with controlled chemicals to ensure awareness of the requirements and overall
With one of the most developed commercial infrastructures in the region, the Republic of Korea is an attractive location for criminals to obtain precursor chemicals. Precursor chemicals used for the manufacture of illicit drugs, such as acetic anhydride, pseudoephedrine and ephedrine, are imported from the United States, Japan, India and China and either resold within South Korea or transshipped to other countries in the Middle East, Southeast Asia and Latin America. South Korea was the second largest importer of ephedrine (22,811 kg) in 2013, and the fourth largest importer of pseudoephedrine (41,951 kg) in global imports in the same year. As of 2014, 30 precursor chemicals were controlled by Korean authorities. Acetic anhydride remains the chemical of greatest concern.
Both the Korea Customs Service and the Ministry of Food and Drug Safety (MFDS) participate in INCB-coordinated taskforces including Projects Cohesion and Prism, which monitor imports of potassium permanganate and chemicals used to produce amphetamine-type stimulants,
respectively. Korean law enforcement authorities also cooperate with Southeast Asian nations to verify documents and confirm the existence of importing businesses and send representatives to the region to investigate.
In April 2011, the National Assembly passed a law that requires manufacturers and exporters of precursor chemicals to register with the government, and also provided for education of Korean businesses to prevent them from unknowingly exporting such chemicals to fraudulent importers. However, there is no legislation in Korea defining precursor chemical transshipment activity as criminal, unless hard evidence shows the transshipment is related to the manufacture of illicit drugs.
In many cases, due to the structure of customs and chemical regulations, precursor chemical shipments can be legitimately shipped. Most chemicals are shipped by containerized cargo via ocean freighters. There is currently only a 1,000 kg reporting requirement threshold, therefore, the “smurfing” of acetic anhydride – a diversion method in which numerous small-quantity product purchases from multiple retail outlets are made – is nearly impossible to identify. Nevertheless, South Korean authorities work closely with U.S. counterparts to track suspect shipments.
Taiwan
The Ministry of Economic Affairs, Industrial Development Bureau plays a regulatory role in tracking chemicals such as acetic anhydride, piperonal, safrole, piperidine, hydrogen chloride, and potassium permanganate. While licensing is not required for the trade of these substances, any company importing, manufacturing, selling, storing, or otherwise utilizing these chemicals must report to the Industrial Development Bureau. The Bureau may inspect the company's records to ensure there is no diversion activity.
In 2013, Taiwan exported a total of 11,130 kg of acetic anhydride, including 10,080 kg to Iran, 1,050 kg to Indonesia. Taiwan also exported a total of 68,650 kg of potassium permanganate, including 60,000 kg to Mexico, 4,600 kg to Kingdom of Cambodia, 2,500 kg to Singapore, 1,050 kg to Vietnam, and 500 kg to South Korea. From January to September 2014, Taiwan exported a total of 35,100 kg of acetic anhydride, including 30,660 kg to Iran, and 4,440 kg to Indonesia.
Taiwan exported a total of 77,732 kg of potassium permanganate, including 60,000 kg to Mexico, 13,080 kg to Bangladesh, 2,000 kg to Hong Kong, 1,450 kg to Vietnam, 1,200 kg to Lesotho, and 2 kg to Malaysia.
Taiwan does not have control regulations for the trade of ephedrine/ pseudoephedrine
combination over-the-counter pharmaceutical preparations; however, companies must register their transactions with the Ministry of Health and Welfare, which may elect to examine relevant shipping records. Additionally, the Taiwan Food and Drug Administration (TFDA) requires companies exporting cold medicine containing ephedrine from Taiwan to possess import permits from the importing countries prior to shipment. Moreover, Taiwain was the fifth largest exporter of pseudoephedrine in 2013, with 88,604 kg exported in global exports.
In 2012, Taiwan began enforcing a 2009 law that requires the Ministry of Health and Welfare to report unusual or excessive sales of cold medicine to the Ministry of Justice Investigations Bureau (MJIB), which has resulted in a reduction of cold medicine sales. Taiwan also restricts the sale of over the counter cold medicines to a maximum dosage of seven days per customer.
In the last few years, aggressive law enforcement operations targeting factories illegally producing amphetamines, closer scrutiny of companies legally producing ephedrine, and renewed emphasis on surveillance of drug smuggling routes have reduced the availability of precursor chemicals for amphetamine production.
Thailand
Precursor chemicals are not produced in Thailand, but the government imports chemicals in bulk for licit medical and industrial purposes. The Precursor Chemical Control
Committee is responsible for formulating the national strategy on precursor controls. The Office of the Narcotics Control Board (ONCB) is the principal Thai law enforcement agency responsible for enforcing the laws against the illicit diversion of prohibited chemicals.
Acetic anhydride and ephedrine transit Thailand en route to clandestine laboratories in Burma. Acetic anhydride is produced in Indonesia, while other chemicals are brokered through Indonesian chemical houses and transported through Malaysia into Thailand. Pseudoephedrine and ephedrine enter Thailand by couriers or by air, or containerized maritime cargo before being transshipped overland from northern or northeastern Thailand provinces to methamphetamine production centers in Burma, Laos, and/or Cambodia.
Increase in pseudoephedrine seizures led to a ban on the sale of pseudoephedrine tablets at local pharmacies. In 2013, due to the determination of an imminent threat to the public safety, the Thai Ministry of Public Health signed into law the control of mephedrone, methylenedioxypyrovalerone (MPDV), and methylone. These substances have been
Thailand does provide pre-export notifications via PEN Online as a mean of discouraging diversion of precursors and essential chemicals in the illicit manufacture of narcotic drugs and psychotropic substances.
Europe
Chemical diversion control within the EU is regulated by EU regulations binding on all 28 Member States. EU regulations meet the chemical control provisions of the 1988 UN
Convention, including provisions for record-keeping on transactions in controlled chemicals, a system of permits or declarations for exports and imports of regulated chemicals, and authority for governments to suspend chemical shipments. EU regulations are updated regularly and directly applicable in all Member States.
EU regulations govern the regulatory aspects of chemical diversion control and set up common risk management rules to counter diversion at the EU’s borders. Member States are responsible for investigating and prosecuting violators of national laws and creating regulations necessary for implementing EU regulations.
The U.S.-EU Chemical Control Agreement, signed May 28, 1997, is the formal basis for U.S. cooperation with the European Commission and EU Member States in chemical control through enhanced regulatory cooperation and mutual assistance. The agreement calls for annual
meetings of a Joint Chemical Working Group to review implementation of the agreement and to coordinate positions in other areas, such as national or joint positions on chemical control matters before larger multilateral fora, including the CND.
On November 2013, the Commission approved new legislation that strengthens customs controls on ephedrine and pseudoephedrine, and tightens controls on companies in the EU using acetic anhydride.
For external trade, the change strengthened controls of medicinal products containing ephedrine or pseudoephedrine exported from or transiting through the EU. The Commission developed a new category of scheduled substance (Category 4), imposed mandatory export authorization and pre-export notification, and extended enforcement power to stop and seize cargo if there is “reasonable doubt” concerning the shipment. For trade within EU territory, compulsory registration of end-users for acetic anhydride was introduced by creating a new subcategory (2A). Additionally, a definition of “user” was added for natural or legal persons possessing substances for purposes other than placing them in the market.
Other amendments to the regulation to facilitate tracking and enforcement include introducing definitions for scheduled substance and natural products, strengthening the rules for licensing and registration by introducing explicit criteria for granting or refusing licenses and registrations, increasing the power of competent authorities to control non-scheduled substances,
implementing quick reaction to new trends by adding a non-scheduled substance to the EU Voluntary Monitoring List, developing an EU database on drug precursors, and improving data protection capabilities.
Bilateral chemical control cooperation continues between the United States and EU member states. Many states participate in voluntary initiatives such as Project Cohesion and Project Prism. In 2007, the EU established guidelines for private sector operators involved in trading in precursor chemicals, with a view to offering practical guidance on the implementation of the main provisions of EU legislation on precursor chemicals, in particular the prevention of illegal diversion.
Belgium
Belgium has historically been the second largest producer of MDMA in the EU, following the Netherlands. Dutch and Belgian organized crime groups continue to be prominent producers of synthetic drugs, operating across borders and recruiting members from both countries.
After years of decline, synthetic drug production in Belgium appears to be on the rise again and a