FORUM (Spotlight Weekly)

US Annual Narcotics Report On Nepal

Summary: Nepal is neither a significant producer nor a major transit route for narcotic drugs. Although customs and border controls remain weak, international cooperation has resulted in increased narcotics-related indictments in Nepal. Nepalís Narcotics Drug Control Law Enforcement Unit (NDCLEU) has enhanced both the countryís encroachment capacity and expertise. Nepal has drafted bills on money-laundering and mutual legal assistance, but they have not yet become laws .Nepal is party to the 1988 UN drug convention.

Status of Country: Heroin from South Southeast and South Asia is smuggled into Nepal across the open border with India and through Katmanduís international Airport. While local use of refined brown no 3 heroin is rising, abuse of locally grown and wild cannabis and hashish, marketed in freelance operations, is more widespread. There is also domestic abuse of licit codeine based medicines Nepal in not a significant money laundering country. It is not a producer of chemical precursors.

Country Actions Against Drugs In 1999: Policy Initiatives Nepalís basic drug law is the Narcotic Drugs (Control) Act, 2033 (1976). Under this law, the cultivation, production, preparation, manufacture, export, import, purchase, possession, sale or consumption of most commonly abused drugs is illegal. The Narcotic Drug Control Act, Amended last in 1993, implements most of the UN Single Convention and the 1972 Protocol by addressing narcotics production, manufacture, sales, import and exports for Nepal has developed in association with the United Nations Drug Control Program (UNDCP) a master plan for drug abuse control.

Legislative actions on draft bills on money laundering, mutual legal assistance and witness protection stalled in 1999 as the country underwent nationals and a new government came into office. The government has not submitted scheduled amendments to its customs law to control precursor chemicals. Legislation on asset seizures of criminal conspiracy has not yet been drafted. Laws required by the 1998 UN Drug Convention to prevent and punish public corruption in narcotics issues especially by senior government officials are lacking. However, there is no record that senior government officiate the production, processing or shipment of narcotic and psychotropic drugs and other controlled substances or discourage or otherwise hamper the investigation or prosecution of such acts.

Accomplishments. During 1998-1999 the government of Nepal continued operations to reduce cultivation of cannabis and the distribution, trafficking and seizures of hashish increased substantially. The government was active in regional coordination of anti-narcotics efforts and actively cooperated in international efforts to identify and arrest traffickers. Cooperation between the US Drug Enforcement Agency (DEA) and Nepalís NDCLEU, has been excellent and has resulted in indictments both in Nepal and abroad. Nepal actively participates in the South Asia Association of Regional Cooperation (SAARC) efforts for regional coordination to combat drug trafficking and abuse. In January 1999, Nepal Participated in the SAARC technical committee meetings on drug trafficking. In October 1999, the Ministry of Home Affairs hosted a three-day Drug Control with the goals of effecting regional cooperation in investigation and prosecution through a regular information exchange network, promoting the exchange of expertise technology and experience, establishing a regional data base, and controlling transborder trafficking.

Customs and birder control are week along Nepalís land borders with India and China. The Indian border in open to narcotics and other contraband. Security at Nepalís regional airports with direct flights to India, and Kathmanduís Tribhuvan International Airport remain inadequate. The Government of Nepal (GON), along with other governments, is working to increase the level of security at the international airport. The NDCLEU is planning open an office at the airport.

In 1999, the US Immigration and Naturalization Service provided training to Nepalís Immigration Service, targeting false documentation, alien smuggling, and trafficking in women and children, The US Customs Service also held discussions with Nepali officials to expand customs and immigration training to Nepalís land border areas.

Law Enforcement Efforts. Final statistical data for 1998 and data for the first three quarters of 1999 indicate that both seizures of cannabis and hashish (1998) and destruction of cannabis in cultivation (1999) have increased significantly over previous years. Arrests and seizures of heroin and opium violators are not significantly different from patterns set in previous years. Nepali authorities seize most heroin, hashish and opium at the Tribhuvan International Airport in Kathmandu. The NDCLEU has developed and intelligence wing but its effectiveness is constrained by a lack of transport, communications and surveillance equipment. Coordination and cooperation between NDCLEU and Nepalís Customs and Immigration services, while still problematic is improving. The US Government will finance a joint NDCLEU, police, customs and immigration training session in Spring 2000 which should improve coordination.

Agreements and treaties. Nepal is party to the 1993 SAARC Convention on Narcotics Drug and Psychotropic Substances. It signed its third narcotics control agreement with the United States in 1998. Nepal has no narcotics, extradition, mutual legal assistance, precursor chemical, or money-laundering agreements with the United States. Nepal is a party to the 1998 UN Drug Convention.

Cultivation/Production. Cannabis is an indigenous plant in Nepal, cultivation of development varieties is rising, particularly in lowland areas, but there is no evidence that this cultivation is for international markets. There appears to be small-scale cultivation of opiates, but detection is complicated by small fields and intercropping with licit crops. Nepal drug enforcement officials believe that all heroin seized in Nepal originates elsewhere.

Drug Flow/Transit. Narcotics seizures suggest that narcotics transit Nepal both from the east and west. Arrests of Nepalese couriers in other countries suggest that Nepalese are becoming more involved in trafficking and that Nepal may be increasingly used as a transit point for destinations in South and East Asia. The United States does not appear to be a final destination for drug transiting Nepal. The GON in 1999 developed a program to track change in patterns so that it could channel resources to areas that see increasing traffic.

Domestic Programs (Demand Reduction). The GON continued to implement its national drug demand reduction strategy in association with the USG, the UNDCP, the Colombo plan, donor agencies and NGOs.

US Policy Initiatives and Programs: US Policy Initiatives. USG policy is to strengthen Nepalís law enforcement capability to combat narcotics trafficking and related crimes, and encourage Nepal to enact and implement appropriate laws and regulations to meet all objectives of the 1988 UN Drug Convention. The USG, the NDCLEU, and other donor nations work together through regional drug liaison offices and through the Kathmandu, Embassies Mini-Dublin Group on Narcotics Policy Coordination.

Bilateral Cooperation. The USG works with GON agencies to implement Nepalís master plan for drug abuse control and to provide expertise and training in enforcement. In 1999, the USG transferred equipment for a new mini-forensic laboratory for narcotics analysis to the GON for use by the NDCLEU, held a regional drug enforcement seminar in Kathmandu taught by the US Drug Enforcement Administration, made plans for a Spring 2000 seminar for the police, NDCLEU, customs and immigration officials taught by the US Customs, continued funding for teacher training on drug abuse, demand reduction and drug awareness programs and continued funding for a drug rehabilitation program at Kathmanduís Nakkhu prison.

The Road Ahead. The USG will continue ongoing information exchanges, training and enforcement cooperation, work with the UNDCP to enhance the NDCLEU, support the Colombo Planís drug rehabilitation programs in Nepal, and work with the Ministry of Home Affairs on demand reduction. The USG will encourage the GON to advance important anti-drug legislation stalled in 1999.

(Excerpts of a annual narcotics report issued by the United States on March 1, 2000)