SECTION 481 INVESTIGATION PROCEDURES

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80B01495R000900090026-9
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
10
Document Creation Date: 
December 19, 2016
Document Release Date: 
September 15, 2005
Sequence Number: 
26
Case Number: 
Publication Date: 
August 4, 1972
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP80B01495R000900090026-9.pdf446.95 KB
Body: 
Approved Foi%Release 2005/11/23 : CIA-RDP80BO149OR000900090026-9 THE: WHITE HOUSE WASHINGTON August 4, 1972 MEMORANDUM FOR THE COORDINATING SUBCOMMITTEE SUBJECT: SECTION 481 INVESTIGATION PROCEDURES Attached are the proposed procedures for conducting ?481 investigations which we finalized. at our last meeting.. %t Walter C. Minnick Approved For Release 2005/11/23 : CIA-RDP80BO1495R000900090026-9 Approved FoRelease 2005/11/23 : CIA-RDP80B0149SR000900090026-9 PROPOSED ;SRC CI-, DUT2ES FOR DETERMINING WHETHER FOREIGN TERMINATE ADEQUATE STEPS AGAINST NARCOTICS TRAFFICKING ASSIS TAKE Section 481 of the Foreign Assistance Act of 1961, as amended, states in part: "The President shall suspend economic and military assistance furnished under this or any other Act, and shall suspend sales under the Foreign Military Sales Act and under Title I of the Agriculture Trade Development and Assistance Act of 1954, with respect to any country when the President determines that the govern- rent of such country has failed to take adequate steps to prevent nar- cotic drugs and other controlled substances (as defined by the Com prehensive Drug Abuse Prevention and Control Act of 1970) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such suspension shall continue until the President determines that the government of such country has taken adequate steps to ,carry out the purposes of this chapter." Additionally, the International Development Association Act, the Inter-American Development Bank Act, and the Asian Development Bank Act were amended in March, 1972, and now contain provisions which roquire 'the Secretary of Treasury to instruct the United States Approved. For Release. 2005/11/23,: CIA-RDP80B01495R000900090026-9. Approved For Release 2005/11/23:5CIA-RDP80B01499ftQ0900090026-9 Executive Directors of the above institutions as well as the Executive Directors of the above institutions as well as the Executive Director of the International Bank for Reconstruction and Development "to vote against any loan or other utilization of the funds of the Bank (and the Association) for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) produced or processed, in whole or in part,.in,such country... Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances." An effective mechanism is required to support the President in fulfilling his responsibility under the above cited legislation. Within the organizational structure of the Cabinet Committee on International Narcotics Control (CCINC), the Coordinating Subcommittee is hereby charged with responsibility for monitoring the anti-drug efforts of individual countries to assure that adequate steps are being taken by each to prevent narcotic drugs and other controlled substances produced or processed, in whole or in part, in such country, or trans- Approved For Release 2005/11/23,: CIA-RDP80BO1495R000900090026-9 Approved For Release 2005/11/23 CIA-RDP80BO1495 800900090026-9 ported through such couzntry from being sold illegally within the juris- diction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. In performing this monitoring function, the C.CINC Coordinating Subcommittee should focus particular attention on the more than fifty countries identified as those with which cooperative efforts could result in a significant decrease in the illicit. drug problem. The following criteria will be applied by the CCINC Coordinating Subcommittee in determining whether there is a prima facie case for. questioning the adequacy of a country's performance: 1. Has a country failed to give assurance at a high level that it will cooperate with the United States and other nations to control production and processing of, and trafficking in narcotic-drugs as de- fined by the Comprehensive Drug. Abuse Prevention and.Control.Act 2. Has a country failed to enact adequate narcotics control laws within a reasonable time after this deficiency was called to the attention of 1970 (Public Law 91-513) ? of its government? .3. Is there. evidence of substantial violation of treaty obligations or bilateral agreements relating to, control of the production, processing or trafficking in narcotics drugs? Approved For Release-2005/11/23: CIA-RDP80B01495R000900090026-9 Approved For Release 2005/11/23: IA-RDP80B0149511000g00090026-9 Does hard evidence exist that high level government officials are involved in illicit narcotic drug production, processing or trafficking and does such involvement continue after this evidence has been brought to the government's att7ention? 5. Has a country declined to take steps to improve the effective- ness of its narcotics enforcement capability within a reasonable time after this deficiency was called to the attention of its government ? 6. Has a country failed to take adequate steps to correct other narcotic control deficiencies after such deficiencies have been called to its attention by another government or international agency? When the CCINC Coordinating Subcommittee identifies any country which it believes may have failed to take adequate steps to control the illicit drug traffic,. the Coordinating Subcommittee will direct the ap- propriate CCINC Regional Interagency. Narcotics Control Committee to undertake an in-depth review of that country's performance. At the time the -Coordinating Subcommittee directs a review to be undertaken it will provide to the Regional Committee whatever guidance it deems appropriate. After finishing its review, the CCINC Regional Committee will prepare a document setting forth the relevant facts and recommendations for consideratioxi by the CCII C or any group designated by the CCINC. .Approved For Release 2005/11/23 CIA-RDP80B01495R000900090026-9 Approved Forelease 2005/11/23: CIA-RDP80BO149M000900090026-9 implement the statutory provisions teFminating? foreign assistance and determination to that effect. Following an affirmative Presidential determination, the Cabinet Committee will ensure that all appropriate steps are taken to If the CCINC concludes that a country "has failed to take adequate steps," the Secretary of State, as Chairman 'of the CCINC, will forward to the President a recommendation for a Presidential related support to. the country involved. Approved For Release 2005/11123 : CIA-RDP80BO1495R000900090026-9 Approved For iieiease O C,I~, PB0149SRO00900090026-9 Washington Conference of Dru Control Coordinators Dates: October 16 - 18, 1972 (tentative) .Place: Department of State, Main Conference Room Participants: Drug Control Coordinators from 54 countries and U.S. Mission in Geneva (List attached) Organiser: Office of Narcotics Matters (S/NM) U.S. Department of State Contacts: Nelson Gross, Senior Adviser---to the Secretary o:F State and Coordinator for International Narcotics Control Telephone: 632-8464 - Malcolm Law:.ence, Telephone: 632-8694 V. Rodger D:i.gilio, Telephone: 632-3450 * * * * * * * * * * * * * * * * * * * * FIRST DAY - October 16, 1972 Washington Presentat:'-on 9:15 A.M. William P. Rogers, Secretary of Welcoming remarks; State: Chairman of the Cabinet Conference Program Committee for International Nar- cotics Control (CCINC) 9:25 A.M. Egil Krogh, Executive Secretary of the CCINC, White House Staff 9:40 A.M. Nelson Gross, Senior Adviser and Coordinator for International Narcotics Control Overall Federal Pro- gram--Supply and Demand Diplomatic Strategy and International Controls (20 minute presen- tation; 30 min?ites for Questions and Answers) 10:30 A.M. Fifteen minute break 10:45 A.M. Myles J. Ambrose, Special Domestic Law Enforc- Consultant to the Presic.cnt ment Strategy for Drug Abuse Law Enforcement (30 minute presen- tation; 3.5 minutes for Questions and Approved For Release 2005/11/23 : CIA-RDP80B01495R000900 f 9 ) a Approved F-" le OB01 5R000 C~ .~G^~c~ ~~~~&ations , At 12:15 P.M. Bureau of Narcotics and Dangerous Drugs LUNCH Home..and Abroad (30 minute presenta-- Lion; 15 minutes for Questions and Answers. 2:00 P.M. Eugene T. Rossides, Assistant Overview of Treasury Secretary of the Treasury for Enforcement, Tariff and Trade Affairs and Operations Vernon Acree, Director, Roles--Customs, IRS, Economic Aspects (15 minute presenta- tion) Customs Operations 2:50 P.M. Bureau of Customs Richard Helms, Director, At Home and Abroad (20 minute presenta- tion; 15 minutes for Questions and Answers: Rossides and Acree) The Role of Intelli- 3:15 P.M. Central Intelligence Agency Samuel DePalma, Assistant gence in Interna?:.iona. Narcotics Control (15 minute presenta- tion; 10 minutes for Questions and An:3wers Principal Multilaatera' 3:40 P.M. Secretary for International Organization Affairs Department of State Ten minute break Efforts in Drug CContrc Control (15 minute presenta- tion; 10 minutes for Questions and Answers 3:50 P.M. Dr. Jerome Jaffe, Director, Prevention, Treatment 4:35 P.M. Special Action Office for Drug Abuse Prevention General Robert Gard, Director and Research Programs (30 minute presenta- tion; 15 minutes for Questions and AnFvers' Military Drug PrDgra?.: Discipline and Drug Policies, U.S. Army (15 minute presenta- tion; 10 minutes for Questions and Answers. M 5:00 P Fifteen minute break. Group should move to . . 5:15 P.M. The President Significance of Inter- (Introduced by Secretary Rogers) national Narcotics Controls Role of U.S. Missions Abroad ute preseritati, Approved For Release 2005/11/23: CIA-RDP80B01495R00090 t}~06 L r.. es; znv . ~.eCi Approved For RJease 2005/11/23 : CIA-RDP80B01495$00900090026-9 PROPOSED PROGRAM (cont.) SECOND DAY - October 17, 1972 Regional Meetings 9:00 A.M. to 5:00 P.M. -- Drug Control Coordinators will split up into four regional workshops as follows: Group I - AF and NEA (10.countries) Group II - ARA (13 countries) Group III - EUR (18 countries and Mission Geneva) Group IV - EA (13 countries) A ranking regional bureau official will serve as chairman for each group. The bulk of the day will be used for presentation of individual country reports, recommended to be no longer than fifteen minutes in length. A late after- noon work session should be devoted to putting together a report for presentation the following day-on the major problems of each regional area and the prospects for future developments. THIRD DAY r October. 18, 1972 Conclusions and Recommendations 9:00 A.M. to 5:00 P.M. -- The morning will be used for presentation of regional reports. The bulk of the afternoon session will be devoted to a general discussion of special problems and future policies. Representatives of the Cabinet Committee agencies will be on hand to respond to questions raised by conference participants. The afternoon could also be used for presen- tation at the White House and joint partici- pation by others concerned, including BNDD, Customs and other agencies' regional personnel. This presentation might also feature special reports by the Ambassadors from key countries, e.g., Turkey, France, Thailand and Mexico. Approved For Release 2005/11/23 : CIA-RDP80B01495R000900090026-9 Approved For ease 2-405/1x/23 CJArRDP8OBQi49 _QO00900090026-9 IN WASHINGTON CONFERENCE FOR DRUG CONTROL COORDINATORS . Bureau of African Affairs Morocco Algeria Afghanistan India Iran Pakistan Turkey Lebanon Bureau of Inter-American Affairs Mexico Panama Colombia Bolivia Chile Paraguay Jamaica Argentina Brazil Ecuador Uruguay Venezuela Peru Bureau o.': European Affairs France Germany Italy' Yugoslavia Bulgaria Romania U. S. Mission Geneva Austria Spain England Denmark. Sweden Czechslovakia Burma Cambodia Laos Philippines Thailand Japan Indonesia Viet Nam Hong Kong Singapore Korea Malaysia Austrailia Tunisia Libya Eastern and South Affairs Hungary Switzerland Belgium Canada Luxembourg Netherlands Approved For Release 2005/11/23 : CIA-RDP80B01495R000900090026-9