PREAMBLE
The International Maritime Organization (IMO) proposes the following "Revised Guidelines for the prevention and suppression of the smuggling of psychotropic substances and precursor chemicals on ships engaged in international maritime traffic", harmonized with international instruments and recommendations issued by various international bodies such as IMO, the World Customs Organization (WCO) and the International Labour Organization (ILO), their purpose being to strike a balance between facilitation of international trade and management of security, thus helping to prevent drug-trafficking activities.
The ultimate aim is to comply with United Nations Security Council resolution 1373(2001), whose paragraph 4 refers to the close connection between international terrorism and transnational organized crime, illicit drugs, money laundering and illicit arms trafficking, and highlights the need for closer co-operation at national, subregional, regional and international levels so as to strengthen the international response to terrorism and serious threats to international security, and also with resolution 1456(2003), which reaffirms the duty to prevent terrorists from making use of other criminal activities such as transnational organized crime, illicit drugs and drug trafficking, and other criminal activities.
The purpose of these Guidelines is thus to establish basic procedures, not only for detecting drugs on board, but also for making prevention the principal means of ensuring that the scourge of drug trafficking does not damage the world's economy and wellbeing through attacks on international maritime trade.
In this regard, it is worthwhile recalling the work done by States and international organizations to tackle drug trafficking, which is reflected in international instruments that are now gaining unequivocal international acceptance.
To illustrate this point, there follows a brief summary of the various international efforts to tackle drug trafficking, some of which address the close links with international maritime transport.
In general terms, the most important of these are the International Opium Conventions (The Hague, 1912, and Geneva, 1925), the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs (Geneva, 1931), the Convention for the Suppression of Illicit Traffic in Dangerous Drugs (Geneva, 1936), the New York Protocol of 1946 amending most of the above-mentioned instruments, the Single Convention on Narcotic Drugs (New York, 1961) and its amending Protocol of 1972, the Convention on Psychotropic Substances (Vienna, 1971) and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 1988; this shows how the legal treatment of this matter has developed over time, as well as the international response to an activity that has a direct impact on society.)
The latter - the Vienna Convention of 19881- can now be said to have gained a large measure of acceptance in the international community, following a full examination and review of its provisions to take into account the prevention and eradication of illicit drug trafficking. Implementation of these Guidelines will thus require a general knowledge of the Vienna Convention. In this regard, special attention should be paid to the following articles of the Convention: 3. Offences and sanctions; 5. Confiscation; 9. Other forms of co-operation and training; 12. Substances frequently used in the manufacture of narcotic drugs and psychotropic substances; 13. Materials and equipment; 15. Commercial carriers; 16. Commercial documents and labelling of exports; 17. Illicit traffic by sea; 18. Free trade zones and free ports;
20. Information to be furnished by the Parties.
It is also important to bear in mind the bilateral agreements concluded between States on the subject of preventing and controlling illicit drug trafficking, many of which draw on the international agreements mentioned above.
Furthermore, the 1982 United Nations Convention on the Law of the Sea (UNCLOS)2 is fundamentally important to application of the Guidelines, especially its emphasis on the principle of co-operation as the prerequisite for achieving common objectives on the basis of shared responsibility, since action against drugs is ultimately a joint responsibility requiring an integrated and balanced approach.
However, as stated at the outset, mankind is today confronted with a set of variables which radically affect development, trade and world economies, and factors such as drug trafficking and terrorism threaten the facilitation of global maritime trade. It is pertinent to highlight the direct link between these factors and positive responses such as the new provisions in chapter XI-2 of SOLAS, the ISPS Code developed by IMO, the "ILO/IMO Code of Practice on Security in Ports"" and the "WCO Framework of Standards to Secure and Facilitate Global Trade" (SAFE Framework of Standards).
Familiarity with the content of these documents is advisable for implementing the Guidelines; they should be regarded as complementing and extending the Guidelines when dealing with the areas of harmonization of procedures, flexible dealings in maritime transport, and security for seafarers, shore-based personnel, port facilities and ships; their ultimate aim is to help achieve the balance between security and facilitation.
It is likewise worth recalling that at a diplomatic conference convened by IMO in 2002 new provisions to the SOLAS Convention were adopted, together with the ISPS Code, for the sole and specific purpose of significantly enhancing maritime security through the efforts of governments and private companies. The new provisions in the Code undoubtedly provide a solid basis for international co-operation between ships and port facilities to prevent and identify acts that threaten the security of maritime transport. The new chapter XI-2 of SOLAS and the ISPS Code require ships, companies and port facilities to comply with provisions for enhancing maritime safety and security, and above all to protect those persons engaged in maritime activities, whether on land or at sea.
Because the ISPS Code provides for effective co-operation and understanding between all the actors involved in maritime transport, namely the authorities and national, regional and local governments, and thus also masters, crews, passengers, shipowners, shipping agents and port administrations, it may be regarded as another element supporting application of the Guidelines, since co-operation among the various actors and among those for whom they are responsible can contribute to effective application. Here, it is worthwhile mentioning the threat to security posed by drug smuggling. Although the Code makes no mention of terms such as drug trafficking, drugs or narcotics, it is not difficult to see illicit drug trafficking in terms of a genuine threat to security. One has only to imagine what lies behind this trade: arms, easy money, illicit goods, robbery, kidnapping and terrorist attacks to name only some aspects.
The "ILO/IMO Code of Practice on Security in Ports", seeks to integrate aspects of security, safety and health in ports and terminals. The Code of Practice complements the international efforts to support IMO's work on maritime security, by offering a method for identifying weaknesses in port security, so as to establish security measures designed to prevent, detect and respond to illicit acts against ports used for international maritime traffic; however, it is equally the case that the recommendations can be used as the basis for action designed to protect maritime operations and ports in the national context.
In this respect, the Code of Practice elaborates on issues relating to security, beyond the scope of port facilities to the port as a whole; the provisions of the ISPS Code set out the requirements relating only to ship security and the direct interface between the ship and the port facility, but are still compatible with the Code of Practice. This is why it is stipulated that the port facility security assessment and the port facility protection plan must take into account the security measures in place at port facilities - the importance of a link between each facility and the rest of the port is therefore emphasized.
Equally, emphasis is placed on training and awareness in relation to security, as basic factors for effectively carrying out an adequate port security strategy.
With regard to integrating the Code of Practice and these Guidelines, it is emphasized that any security measures brought into effect must focus on preventing the fraudulent introduction of contraband, medicines, narcotics, other illegal substances and prohibited materials, with the overall objective of maintaining an acceptable standard at all security levels.
The recommendations in the Code of Practice are not concerned solely with defining the factors to take into account in evaluating and implementing security plans; they also draw attention to the fact that Member States must prepare a "policy statement on port safety", which should be reviewed and updated periodically to reflect changes in these and related activities that take place in them. This statement must specify the measures taken by the Member State to promote regional and international co-operation, acknowledgement of the importance of the human element, and interdependence between security and public safety, economic development and marine environment protection.
Last, but no less important, is the "SAFE Framework of Standards", which begins by stating that world trade is the basis for economic prosperity but is also vulnerable to being used for terrorist acts that can disrupt the global economy. Accordingly, the document sets forth basic minimum principles and standards for action by WCO Members aimed at securing the flow of global trade and facilitating the movement of goods.
The SAFE Framework of Standards describes the work of customs services as an important contribution to safety and the facilitation of world trade and emphasizes their importance in developing integrated management of the logistical chain, facilitating trade, enhancing reliability and predictability, tackling the challenges of the twenty-first century, strengthening co-operation between customs services and companies, and reforming internal co-operation so as to enhance capacity.
The SAFE Framework of Standards provides a scheme made up of four basic elements which are fully complementary with IMO's work on facilitation of international maritime traffic. These are harmonization of requirements relating to electronic information, a consistent focus on risk analysis in safety matters, inspection of high-risk containers and cargo destined for abroad using non-intrusive methods as far as possible, and a focus on the commercial benefits to be obtained from applying and complying with minimum standards of safety in the logistical chain.
The basic aim of the SAFE Framework of Standards is to see how, using methods built around two pillars of collaboration, the basic elements can be brought to bear in order to benefit world trade. These two types of collaboration are described as Customs-Customs and Customs- Business; if these are developed to the full, they can stimulate world trade, ensure greater security against terrorism, improve the contribution that customs services and commercial partners make to the economic and social wellbeing of States, strengthen the ability of customs services to detect, dispatch and manage high-risk consignments through more efficient handling of goods, and eliminate duplication and multiple requests for submission of reports.
It is thus important to revise the "Guidelines for the Prevention and Suppression of the Smuggling of Psychotropic Substances and Precursor Chemicals on Ships engaged in International Maritime Traffic" in the light of the WCO Framework of Standards as well, because the Framework emphasizes the IMO theme of facilitation on principle, in particular the notion of co-operation and prevention, and also establishes criteria for granting companies within the logistical chain official status as collaborators in security-related tasks. These criteria concern analysis of risk assessment, security plans adjusted to risk assessments, communication plans, measures to prevent irregular or undocumented goods from entering the international logistical chain, physical security of buildings and premises used for loading or storage, cargo and container security, security of means of transport, control of personnel, and security of information systems.
Finally, it is important to bear in mind that most drug seizures worldwide and a considerable proportion of drug smuggling occurs by sea. For this reason, all efforts to prevent illicit trafficking on board any kind of ship and to monitor routinely for diversion of chemical products must ensure that risks are reduced and that, at all costs, difficult situations for ship, master, crew and cargo do not arise. Three principal factors should be borne in mind when considering the implications of illicit drug trafficking for commercial means of transport:
- (i)
- The very high value of drugs when smuggled in large quantities has attracted the major international criminal organizations and terrorist groups. The possibility of violent incidents, including armed assault, on discovering any sizeable quantity of drugs should not be overlooked and, consequently, due precautions should always be taken.
- (ii)
- The professional trafficker rarely carries the drugs himself and usually finds an accomplice to do so. Merchant seamen are frequently targeted by drug traffickers anxious to get their products from producing to consuming countries. Often the seafarers are not fully aware of the risks involved, which include long prison sentences and, in some countries, the death penalty.
- (iii)
- There are no "safe" shipping routes where operators can be quite certain that there are no illicit substances on their ships. Direct sailings from countries of supply to countries of consumption are clearly considered as a risk and receive special attention from customs authorities. However, increasing quantities of drugs are being moved by roundabout and circuitous routes, using ports in countries which are not drug producers which drug traffickers believe invite less risk of interception in countries of destination.
These Guidelines provide genral advice that may give guidance to shipowners, seafarers and others closely involved with the operation of ships. Their aim is to help shipping companies, operators and managers, ships' masters and officers to prevent and combat illicit drug trafficking and to recognize the main symptoms of drug dependence among crew members. On the basis of these Guidelines, shipowners may wish to examine the possibility of adopting or improving procedures aimed at preventing drug trafficking offences and the diversion of chemical products aboard their ships. Such procedures will necessarily vary from one ship to another, depending on the types of ship, their cargo and the routes they serve.
Shipping is vulnerable to drug trafficking on two fronts. First, the threat of drugs being concealed on vessels means that law enforcement efforts by the competent Authorities of each State may result in long delays to the departure of ships, especially cargo ships. Secondly, the possible involvement of crew members in drug use threatens the safety of the vessel.
The essential and basic way to create a united front against drug trafficking and drug dependence on ships and among their crews is education, training, appropriate personnel selection, and assistance for ships' crews. Without these, it is impossible to create awareness among the crew and achieve the genuine commitment from the company and the ship that will ensure transparency and fairness in the ship's operations.
Finally, it is important to acknowledge the invaluable information obtained from the Internet sites and written documents of the International Narcotics Control Board, the United Nations Office on Drugs and Crime, the International Criminal Police Organization (Interpol), the European Union, the Organization of American States (OAS), and the records of the inter-American courses on port security held by the OAS, which provided the raw material for preparation of these Guidelines.
1. The Vienna Convention of 20 December 1988 came into international force on 11 December 1990.
By January 2006 it had 179 States Parties, including 87 signatories.
2. UNCLOS, 1982, article 108:
- "1. All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions.
- 2. Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic substances may request the co-operation of other States to suppress such traffic."