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Cablegate: Germany 2006 International Narcotics Control

VZCZCXRO6710
OO RUEHAG RUEHDF RUEHLZ
DE RUEHRL #3353/01 3261557
ZNR UUUUU ZZH
O 221557Z NOV 06
FM AMEMBASSY BERLIN
TO RUEAWJC/DEPT OF JUSTICE WASHDC IMMEDIATE
RUEHC/SECSTATE WASHDC IMMEDIATE 6167
RUEATRS/DEPT OF TREASURY WASHDC IMMEDIATE
RUEABND/DEA HQS WASHDC IMMEDIATE
INFO RUCNFRG/FRG COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 BERLIN 003353

SIPDIS

SIPDIS

DEPARTMENT FOR INL, EUR/ERA, EUR/AGS
JUSTICE FOR OIA, AFMLS, AND NDDS
TREASURY FOR FINCEN
DEA FOR OILS AND OFFICE OF DIVERSION CONTROL
FRANKFURT FOR ICE AND DEA

E.O. 12958: N/A
TAGS: SNAR PREL PGOV KCRM GM
SUBJECT: GERMANY 2006 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR) - PART 1

REF: STATE 154928

I. SUMMARY
Although not a major drug producing country, Germany is a
consumer and transit country for narcotics. The government
actively combats drug-related crimes and focuses on
prevention programs and assistance to drug addicts. In 2006,
Germany continued to implement its Action Plan on Drugs and
Addiction launched in 2003, with a specific focus on
prevention. Germany is a party to the 1988 UN Drug
Convention. Cannabis is the most commonly consumed illicit
drug in Germany. Organized crime continued to be heavily
engaged in narcotics trafficking. The Federal Office of
Criminal Investigation (BKA) publishes an annual narcotics
report on illicit drug related crimes, including data on
seizures, drug flows, and consumption. Their report was a
key source document for this report. The most recent
complete German figures available for narcotics cover
calendar year 2005. That year saw drug-related crimes
(276,740) drop for the first time having risen continuously
since 1996.

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II. STATUS OF GERMANY

Germany is not a significant drug cultivation or production
country. However, Germany,s location at the center of
Europe and its well-developed infrastructure make it a major
transit hub. Ecstasy is transited from the Netherlands to
and through Germany to Eastern and Southern Europe. Heroin
is trafficked to Germany from Turkey, Austria, and Italy.
Cocaine is transited through Germany from South America and
the Netherlands. Organized crime continues to be heavily
engaged in narcotics trafficking. Germany is a major
manufacturer of pharmaceuticals, making it a potential source
for precursor chemicals used in the production of illicit
narcotics.

III. COUNTRY ACTIONS AGAINST DRUGS IN 2006

POLICY INITIATIVES. Germany continues to implement the
Federal Health Ministry,s "Action Plan on Drugs and
Addiction" adopted by the cabinet in 2003. The action plan
establishes a comprehensive multi-year strategy to combat
narcotics. The key pillars are (1) prevention, (2) therapy
and counseling, (3) survival aid as an immediate remedy for
drug-addicts, and (4) interdiction and supply reduction.
Germany also abides by the EU Narcotics Action Plan
2005-2008.

The National Inter-agency Drug and Addiction Council that had
been established in 2004 to coordinate and review the
implementation of the government,s "Action Plan on Drugs and
Addiction" passed a new working program in March 2006. The
program recommends, inter alia, a continued focus on demand
reduction in the consumption of cannabis.

LAW ENFORCEMENT EFFORTS. Counter-narcotics law enforcement
remains a high priority for the BKA and the Federal Office of
Customs Investigation (ZKA). German law enforcement agencies
scored numerous successes in seizing illicit narcotics and
arresting suspected drug dealers.

According to the most recent publicized analyses, the number
of narcotics related seizures increased in 2005. However,
the seized amounts decreased overall. Seizures of ecstasy
decreased in 2005, while seizures of amphetamine, heroin and
cocaine increased. The number of seizures of cannabis rose
in 2005, while the amount of seized cannabis fell. In 2006,
the BKA seized significant amounts of hashish transported
from the Pakistan/Afghanistan border region. The ZKA
conducted 7,683 criminal narcotics related investigations in
2005. The Frankfurt/Main Airport Customs Office alone seized
846 kilograms of illicit drugs in 2005 at Europe,s second
busiest passenger airport and a major freight hub -- about
the same amount as in 2004.

CORRUPTION. As a matter of government policy, Germany does
not encourage or facilitate the illicit production or
distribution of drugs or substances, or the laundering of
proceeds from illegal drug transactions. No cases of
official corruption have come to the USG,s attention.

AGREEMENTS AND TREATIES. A 1978 extradition treaty and a

BERLIN 00003353 002 OF 003


1986 supplement treaty are in force between the U.S. and
Germany. The U.S. and Germany signed a Mutual Legal
Assistance Treaty in Criminal Matters (MLAT) on October 14,
2003, which the German Parliament is expected to ratify early
2007. The U.S. Senate gave its advice and consent to
ratification of the treaty on July 27, 2006. In addition,
the U.S.-EU Agreement on Mutual Legal Assistance and
Extradition from 2003 and implementing agreements are
expected to be ratified in Germany and the U.S. in 2007.
There is a Customs Mutual Legal Assistance Agreement (CMAA)
between the U.S. and Germany. In addition, Germany is party
to the 1988 UN Drug Convention, the 1971 UN Convention on
Psychotropic Substances, and the 1961 UN Single Convention as
amended by the 1972 Protocol. Germany signed the UN
Convention Against Transnational Organized Crime on December
12, 2000 and ratified the Convention on June 14, 2006.
Germany signed the UN Convention Against Corruption on
December 9, 2003. Ratification is still pending.

CULTIVATION AND PRODUCTION. Germany is not a significant
producer of hashish or marijuana. The BKA statistics
reported seizure of eight synthetic drug labs in Germany in
2005.

DRUG FLOW/TRANSIT. Germany,s central location in Europe and
its well-developed infrastructure make it a major transit
hub. Traffickers smuggle cocaine from South America to and
through Germany to other European countries. Heroin transits
from Eastern Europe to Western Europe, especially to the
Netherlands. Cannabis is trafficked to Germany mainly from
the Netherlands. Frankfurt Airport is still a major
trans-shipment point for Ecstasy destined to the U.S. and for
other drugs coming into Europe.

DOMESTIC PROGRAMS/DEMAND REDUCTION. The Federal Ministry of
Health continues to be the lead agency in developing,
coordinating, and implementing Germany,s drug policies and
programs. The National Drug Commissioner at the Federal
Ministry of Health coordinates Germany,s national drug
policy. Drug consumption is treated as a health and social
issue. Policies stress prevention through education. The
Ministry funds numerous research and prevention programs.
Addiction therapy programs focus on drug-free treatment,
psychological counseling, and substitution therapy. Initial
results of a heroin-based treatment pilot project to treat
seriously ill, long-term opiate addicts published in 2006
found heroin-based treatment for this group had advantages
over a substitution therapy approach.

In 2006, there were 25 medically controlled "drug consumption
rooms" in Germany supplementing therapy programs to offer
survival aid. German federal law requires that personnel at
these sites provide medical counseling and other professional
help and ensure that no crimes are committed.

Drug-related deaths have been decreasing for several years.
In 2005, they dropped by four percent compared to 2004,
making 2005 the year with the lowest number of drug-related
deaths since 1989. The number of first-time users of illicit
drugs fell five percent in 2005 compared to 2004. First-time
use of ecstasy, heroin and cocaine decreased in 2005, while
the first-time use of crack increased.

IV. U.S. POLICY INITIATIVES AND PROGRAMS

BILATERAL COOPERATION. German law enforcement agencies work
closely and effectively with their U.S. counterparts in
narcotics-related cases. Close cooperation to curb drug
trafficking continues among DEA, the Federal Bureau of
Investigation (FBI), the U.S. Customs Service, and their
German counterparts, including the BKA, the State Offices for
Criminal Investigation (LKAs), and the ZKA. German agencies
routinely cooperate very closely with their U.S. counterparts
in joint investigations, using the full range of
investigative measures, such as undercover operations.
German-U.S. cooperation to stop diversion of chemical
precursors for cocaine production continues to be close
(e.g., Operations "Purple" and "Topaz"). A DEA Diversion
Investigator is assigned to the BKA headquarters in Wiesbaden
to facilitate cooperation and joint investigations. The DEA
Frankfurt Country Office facilitates information exchanges
and operational support between German and U.S. drug
enforcement agencies. The BKA and DEA also participate in a

BERLIN 00003353 003 OF 003


tablet exchange program to compare samples of ecstasy pills.

THE ROAD AHEAD: The U.S. will continue its close cooperation
with Germany on all bilateral and international
counternarcotics fronts, including the Dublin Group of
Countries Coordinating Narcotics Assistance and the United
Nations Office on Drugs and Crime (UNODC).

V. Chemical Control

(NOTE: A response to STATE 155254 regarding ephedrine and
pseudoephedrine issues will be sent septel. End Note).

Summary. Germany,s large chemical industry manufactures and
sells most of the precursor and essential chemicals that may
also be used in illicit drug manufacture. Germany produces
large quantities of pseudoephedrine for licit pharmaceutical
production. The country is a party to the 1988 UN Drug
Convention and has chemical control laws and regulations,
based on the EU regulations, meeting the Convention,s
requirements. Germany has an effective and well-respected
chemical control program that monitors the chemical industry,
as well as chemical imports and exports. Cooperation between
chemical control officials and the chemical industry is a key
element in Germany,s chemical control strategy.

Legal Framework. In Germany, the trade in precursor
chemicals is regulated by a comprehensive framework of laws,
dominated by binding EU regulations. The federal Precursor
Control Act, which takes EU law into account, supplements the
EU regulations and criminalizes the diversion of controlled
chemicals for the manufacture of illicit drugs. Effective
January 1, 2006, the Act was changed to implement amendments
to EU regulations made in August 2005. Under the EU
regulations, which meet the chemical control provisions of
the 1988 UN Drug Convention, a comprehensive system of
permits or declarations for the export and import of
regulated chemicals has been implemented in Germany. The
Federal Institute for Pharmaceuticals and Medical Products
(BfArM) is responsible for issuing permits to companies that
import or export certain precursor chemicals, registering
them, and providing the International Narcotics Control Board
(INCB) and the European Commission with information on the
licit trade of precursor chemicals. In May 2006, a leading
member of the BfArM was elected as a member of the INCB.

Law Enforcement. Customs authorities control the import,
export, and transit of precursor chemicals at the Germany,s
borders. The Federal Office for Criminal Investigation and
the Federal Office of Customs Investigation have a very
active Joint Precursor Chemical Unit, based in Wiesbaden,
devoted exclusively to chemical diversion investigations.
They have a close relationship with the
chemical/pharmaceutical industry and companies. These
private sector entities are responsible for notifying law
enforcement of any suspicious activity that could indicate an
illicit use of chemicals. As noted above, in 2005, eight
illegal labs were seized.
International Cooperation. Germany is in the forefront of
international cooperation in chemical control. It developed
and promoted the concept that led to Operation Purple and was
one of the leaders in the organization of Operation Topaz.
It strongly supports the INCB,s Project Prism that
concentrates on stricter tracking of trade in chemicals and
equipment required for synthetic drug manufacturer. German
chemical control officials and DEA counterparts maintain a
close working relationship. A senior DEA Diversion
Investigator in DEA,s Frankfurt Country Office is assigned
to the Joint Precursor Chemical Unit, working on chemical
issues of concern to both countries. The arrangement allows
for the real-time exchange of information. German and U.S.
delegations regularly support joint positions on chemical
control in multilateral meetings such as the Commission on
Narcotic Drugs. Information exchange during special
operations has also been excellent.
TIMKEN JR

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