Resolution
MSC.228(82)
REVISED GUIDELINES FOR THE PREVENTION AND SUPPRESSION OF THE SMUGGLING OF
DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSOR CHEMICALS ON SHIPS ENGAGED IN
INTERNATIONAL MARITIME TRAFFIC
(adopted on 7 December 2006)
THE
MARITIME SAFETY COMMITTEE,
RECALLING
Article 28(b) of the Convention on the International Maritime Organization
concerning the functions of the Maritime Safety Committee,
RECALLING
that the 2002 SOLAS Conference adopted resolution 3 on Further work by the
International Maritime Organization pertaining to the enhancement of maritime
security, which, in operative paragraph 1(h), invited the Organization to
review resolution A.872(20) on Guidelines for the prevention and suppression of
the smuggling of drugs, psychotropic substances and precursor chemicals on
ships engaged in international traffic (the Guidelines) and, if necessary, to
develop appropriate amendments thereto,
MINDFUL
that United Nations Security Council resolutions 1373(2001) and 1456(2003)
have, inter alia, noted with concern the close connection between international
terrorism and transnational organized crime, illicit drugs, money laundering
and illegal arms trafficking; and have emphasized the need to enhance
co-ordination of efforts on national, subregional, regional and international
levels in order to strengthen a global response to these serious threats to
international security,
MINDFUL
ALSO of the work conducted by other United Nations agencies and international
organizations, such as the United Nations International Narcotics Control
Board, the United Nations Office on Drugs and Crime, the United Nations
Interregional Criminal Justice Research Institute, Interpol and the World
Customs Organization, to assist States to combat international terrorism and
transnational organized crime, illicit drugs, money laundering and illegal arms
trafficking through provision of guidance and capacity-building activities,
RECALLING
ALSO resolution A.985(24) adopted by the Assembly, at its twenty-fourth regular
session, by which the Assembly, inter alia, authorized the Facilitation
Committee and the Maritime Safety Committee to adopt jointly the necessary
amendments to the Guidelines and to promulgate them by appropriate means,
NOTING
that the Facilitation Committee, at its thirty-fourth session, is expected to
adopt the Revised Guidelines for the prevention and suppression of the
smuggling of drugs, psychotropic substances and precursor chemicals on ships
engaged in international maritime traffic through which it will adopt identical
amendments to the Guidelines,
1.
ADOPTS the Revised Guidelines for the prevention and suppression of the
smuggling of drugs, psychotropic substances and precursor chemicals on ships
engaged in international traffic, set out in the Annex to the present
resolution;
2.
URGES Member Governments to implement the Revised Guidelines as from 1 April
2007;
3.
INVITES ALSO Member Governments and non-governmental organizations in
consultative status with IMO to circulate the Revised Guidelines as widely as
possible in order to ensure their widespread promulgation and implementation
and to bring them in particular to the attention of harbour masters, shipping
companies, ship operators and managers, shipmasters and other parties
concerned;
4.
FURTHER INVITES, where appropriate, Member Governments to consider amending
their national legislation to give full and complete effect to the Revised
Guidelines;
5.
REQUESTS ALSO the Assembly to endorse the action taken by the Maritime Safety
Committee and the Facilitation Committee and to revoke resolution A.872(20).
Annex.
REVISED GUIDELINES FOR THE PREVENTION AND SUPPRESSION OF THE SMUGGLING OF
DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSOR CHEMICALS ON SHIPS ENGAGED IN
INTERNATIONAL MARITIME TRAFFIC
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.
____________
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."
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 general 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.
CHAPTER 1.
PREVENTION OF ILLICIT TRAFFICKING OF DRUGS AND PSYCHOTROPIC SUBSTANCES
Prevention
is one of the most important aspects where illicit trafficking of narcotic
drugs is concerned; it should involve all who belong to the maritime sector,
increasing their awareness of the scale of the global drug-trafficking problem
and encouraging them to contribute to the international efforts to detect and
eliminate narcotic drugs trafficking and psychotropic substances.
Likewise,
part of prevention involves enhancing the safety and security arrangements for
boarding points, ports, port facilities and ships, and supporting co-ordinated
action among the competent authorities in port, particularly those operating at
the ship-port interface. This is an area in which it is becoming even more
important to develop the mentality, based on facilitation, co-operation and
training needed to inform relations between those authorities, the shipping
companies and the crews, if the best possible overall outcome of a protected
port, including control of illicit trafficking, is to be achieved.
However,
it is important to strike a balance between control and facilitation, as too
much control would hamper normal international trading of legal cargoes,
causing unnecessary delays for both ships and port facilities, and insufficient
control would lead to increased drug trafficking.
1. COMPETENT
AUTHORITY PROCEDURES
1.1 Action by officers of
the competent Authorities
Officers
of the competent Authorities have certain duties to fulfil with respect to all
vessels arriving from and departing for foreign countries and normally seek to
establish friendly co-operation with ships’ officers and crews. Their training
should prepare them to respect the ship as the seafarer’s home, and to
recognize that crew members wish to do their work without interference and
without shipboard life being disturbed more than necessary.
It
is important that the officers of the competent Authorities receive any
co-operation and information that any crew member can provide to eliminate drug
trafficking. Information provided will be treated in the strictest confidence
and will be investigated without delay.
Some
Authorities of the coastal State are empowered by law to board3
without the permission of the flag State any ships not entitled to sovereign
immunity within their ports or transiting or remaining in its territorial sea
and to inspect and examine any part and open any closed place or container
suspected of concealing contraband whether or not keys are available. Some
Authorities may also be empowered to exercise, in the contiguous zone, the
control necessary to prevent, inter alia, infringement of the coastal States
customs, laws and regulations within its territory or territorial sea. Such
procedures vary according to the legislation in different countries. The
Authorities of the coastal State may also be empowered to board and search
foreign flag suspect ships located seaward of the territorial sea/contiguous
zone with the permission of the flag State.
____________
3 See MSC/Circ.1156: Guidance
on the access of public authorities, emergency response services and pilots on
board ships to which SOLAS chapter XI-2 and the ISPS Code apply.
Questions
asked about possible actions by officers of the competent Authorities in
relation to the ship include the following:
Can
officers of the competent Authorities board the vessel?
Most national
legislation provides that any officer of the competent Authorities may board
the ship at any time while it is within the limits of a port or within
territorial waters. Ship security plans may not be used by the competent
Authorities as grounds for access to the ship or to any place in it.
Can
officers of the competent Authorities search the ship?
Most national
legislation allows specified officers of the competent Authorities to search
any part of the ship. They are also permitted, by law, to remain on the ship
while the necessary searches are made. In certain areas of the vessel for