[Senate Hearing 109-858]
[From the U.S. Government Publishing Office]
S. Hrg. 109-858
INTERNATIONAL METHAMPHETAMINE TRAFFICKING
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY, EXPORT AND TRADE
PROMOTION
AND
SUBCOMMITTEE ON WESTERN HEMISPHERE, PEACE CORPS AND NARCOTICS AFFAIRS
OF THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
__________
WEDNESDAY, JUNE 21, 2006
__________
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COMMITTEE ON FOREIGN RELATIONS
RICHARD G. LUGAR, Indiana, Chairman
CHUCK HAGEL, Nebraska JOSEPH R. BIDEN, Jr., Delaware
LINCOLN CHAFEE, Rhode Island PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia CHRISTOPHER J. DODD, Connecticut
NORM COLEMAN, Minnesota JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio RUSSELL D. FEINGOLD, Wisconsin
LAMAR ALEXANDER, Tennessee BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire BILL NELSON, Florida
LISA MURKOWSKI, Alaska BARACK OBAMA, Illinois
MEL MARTINEZ, Florida
Kenneth A. Myers, Jr., Staff Director
Antony J. Blinken, Democratic Staff Director
------
SUBCOMMITTEE ON INTERNATIONAL ECONOMIC
POLICY, EXPORT AND TRADE PROMOTION
CHUCK HAGEL, Nebraska, Chairman
LAMAR ALEXANDER, Tennessee PAUL S. SARBANES, Maryland
LISA MURKOWSKI, Alaska CHRISTOPHER J. DODD, Connecticut
MEL MARTINEZ, Florida JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio BARACK OBAMA, Illinois
------
SUBCOMMITTEE ON WESTERN HEMISPHERE, PEACE
CORPS AND NARCOTICS AFFAIRS
NORM COLEMAN, Minnesota, Chairman
LINCOLN CHAFEE, Rhode Island CHRISTOPHER J. DODD, Connecticut
GEORGE ALLEN, Virginia JOHN F. KERRY, Massachusetts
MEL MARTINEZ, Florida BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire BILL NELSON, Florida
(ii)
C O N T E N T S
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Page
Coleman, Hon. Norm, U.S. Senator from Minnesota.................. 2
Hagel, Hon. Chuck, U.S. Senator from Nebraska, opening statement. 1
Patterson, Hon. Anne W., Assistant Secretary for International
Narcotics and Law Enforcement Affairs, Department of State,
Washington, DC................................................. 11
Prepared statement........................................... 12
Responses to questions submitted for the record.............. 41
Tandy, Hon. Karen P., Administrator, Drug Enforcement
Administration, Department of Justice, Washington, DC.......... 16
Prepared statement........................................... 19
Walters, Hon. John P., Director, Office of National Drug Control
Policy, Executive Office of the President, Washington, DC...... 3
Prepared statement........................................... 7
(iii)
INTERNATIONAL METHAMPHETAMINE TRAFFICKING
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WEDNESDAY, JUNE 21, 2006
U.S. Senate,
Subcommittees on International
Economic Policy, Export and Trade Promotion;
and Western Hemisphere, Peace Corps and
Narcotics Affairs; Committee on Foreign Relations,
Washington, DC.
The subcommittees met, pursuant to notice, in room SD-419,
Dirksen Building, at 2:30 p.m., Hon. Chuck Hagel and Hon. Norm
Coleman, jointly presiding.
Present: Senators Hagel and Coleman.
OPENING STATEMENT OF HON. CHUCK HAGEL, U.S. SENATOR FROM
NEBRASKA
Senator Hagel. This committee will come to order. Good
afternoon and welcome to this joint hearing of the Subcommittee
on International Economic Policy, Export and Trade Promotion
and the Subcommittee on Western Hemisphere, Peace Corps,
Narcotics and Terrorism, on international meth trafficking.
I'd like to thank Senator Coleman, the Chairman of the
Western Hemisphere Subcommittee, for his leadership on this
issue and for helping organize and cochair this joint
subcommittee hearing. The scourge of methamphetamine abuse has
had a devastating effect on our communities and continues to
spread across our country. This epidemic has strained local law
enforcement agencies, community treatment facilities, drug
courts, and has exacted an enormous human price on our Nation's
families.
Chairman Coleman and I have seen meth's destructive force
first hand in our States of Minnesota and Nebraska and believe
communities, States, and the Federal Government must work
together if we are to effectively combat methamphetamine abuse.
On March 9, the president signed in to law reauthorization
of the Patriot Act. It included provisions that restricted the
sale of medicines containing meth precursor chemicals and
required that they be put behind the counter. This legislation
follows successful efforts by many States, including my State
of Nebraska, to address domestic meth production. These are
important steps forward. But they do little to stop meth
trafficking at its source.
To stop meth, we must focus on international meth
trafficking. The amount of meth coming into our country from
abroad has increased dramatically. In 2001, the Drug
Enforcement Administration intercepted more than 1,170
kilograms of meth along our southwest border. By 2004, the
amount intercepted had grown to more than 2,320 kilograms, an
increase of 96 percent in a matter of just 3 short years. The
DEA now estimates that approximately 80 percent of all meth
consumed in the United States is smuggled into the country from
Mexico.
Today's hearing will address efforts to control the
international shipment of meth precursor chemicals and avoid
their diversion for the illicit production of meth. It will
also examine our strategy to stop meth at the border, along
with the implementation of meth-related provisions included in
the Patriot Act reauthorization. These measures, along with law
enforcement, treatment, and prevention efforts are essential to
disrupting international meth trafficking and the overall
success of stopping the meth epidemic. I'd like now to return
to my friend and colleague, the cochairman of today's
subcommittee, Senator Coleman.
STATEMENT OF HON. NORM COLEMAN, U.S. SENATOR FROM MINNESOTA
Senator Coleman. Thank you, Senator Hagel, and let me
return the compliment, and I say it whole-heartedly with a deep
sense of appreciation, for your leadership in bringing this
hearing together. We've had a lot of focus on the domestic side
of methamphetamine. Indeed, we've had some successes, I'm sure
we're going to hear about that on the domestic side. But what
it has done is increased some of the challenges on the
international side, increased the availability, increased the
potency in what we're seeing coming in from Mexico. And so,
your leadership in recognizing what we've done at home, but
seeing the need to focus beyond home has been critically
important. Today we're going to have an exceptional panel of
witnesses to talk about these issues.
On the domestic side, let us always remember, though, that
even though we have made strides in cutting down homegrown
labs, we're still hearing the stories every day in our
communities of 10- and 12-year-olds addicted to meth; girls
barely in their teens resorting to prostitution to support
habits. When we had our national hearing, a woman talked about
wanting to kill her brother, kill her family members. The
stories are horrifying, but they are not unique. They appear,
unfortunately, with alarming frequency in hometown newspapers
from Idaho to Nebraska to Minnesota to New York. It is a
growing concern.
In my State, I asked my staff to do a Lexis-Nexus word
search for methamphetamine in the Minneapolis Star Tribune and
the St. Paul Pioneer Press. In 2002-2003 you get 253 news
stories. If you do the same search for the years 2004 and 2005,
you get 724--almost 3 times as many. So clearly the problem has
grown at an alarming rate.
Eighty-seven percent of law enforcement officials, in a
survey of the National Association of Counties, said that meth-
related arrests have risen in the past 3 years. In the same
survey, most sheriffs and local law enforcement people say meth
is the single biggest law enforcement problem they have in
their communities. The good news is that we're making
significant progress in closing some of the openings, as I said
before, I think because of the work done nationally that we
have done with dealing with precursor chemicals, the work
that's been done locally. We're seeing a decrease in meth labs,
which is a good thing because our first responders aren't
walking into toxic situations and environmental damage, an
incredible amount of resource.
Those are the good things. In fact, in one of my counties,
Kanabec, an hour north of Minneapolis, Sheriff Steve Schultz
says only one lab has been seen since the law took effect on
July 1. That's pretty good progress, that's a big positive. But
unfortunately, the reduction in homeland labs hasn't resulted
in a reduction of meth problems. And that's where we're seeing
the problems coming in from Mexico. I'm told now that 80-90
percent of meth now is made outside the State, usually in
superlabs near the southern borders or trafficked by Mexican
syndicates. Mexico is a key country in our overall counter-drug
strategy. Canada has been involved in this, and we'll hear
testimony, I think very positive testimony, about the efforts
of Canada to help us in reducing the imports of precursors,
joint law enforcement activities, et cetera, et cetera. The
Combat Meth Act has made some inroads. So the good news is
we're making progress.
The bad news is that this is still a very serious, very
significant, and in some ways, so overwhelming problem that has
international implications. In our globalized world,
international cooperation must be a vital component of our
anti-meth strategy, so at today's hearing we will examine just
that.
As I noted, we have an exceptional--I think an
extraordinary panel of witnesses. Senator Hagel and I were
taking about that before we came in here. We have before us key
administration policy makers when it comes to international
narcotics matters. The first witness is Mr. John Walters,
Director of the White House Office of National Drug Control
Policy. Director Walters has served as the Nation's drug czar
since December of 2001 as the president's lead official on
Federal drug programs. His central role in formulating the
synthetic drug control strategy will provide valuable
perspective on the meth problem, both domestically and
internationally.
Our second witness is Ambassador Ann Patterson, Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs. Ambassador Patterson's prior service as
Ambassador to Colombia, where I had the great pleasure of
working with her, and just have a great pride in her
qualifications and abilities. She served in Colombia from 2000
to 2003, and as Ambassador to El Salvador from 1997 to 2000,
certainly a valuable witness at today's hearing.
And our final witness is Ms. Karen Tandy, Administrator of
the Drug Enforcement Administration. As a former Associate
Deputy Attorney General, Administrator Tandy has considerable
experience developing and implementing drug enforcement policy
and strategy. So we thank you all for getting here today, being
here today, and we look forward to hearing your testimony. Mr.
Walters, I think you're prepared to start first.
STATEMENT OF HON. JOHN P. WALTERS, DIRECTOR, OFFICE OF NATIONAL
DRUG CONTROL POLICY, WASHINGTON, DC
Mr. Walters. Thank you, Chairman Hagel and Chairman
Coleman. I'd ask that my prepared statement be inserted in the
record, if that's all right, and I'll just do a brief summary
to move quickly to your questions following our testimony.
Thank you most of all for this opportunity to appear before
you today and discuss this important issue of our international
efforts against methamphetamine. There is no worse drug than
meth. It exacts a heavy toll on individuals, families, and
communities throughout the Nation and indeed the world. Meth
represents a unique challenge because of its addictive
qualities and the relative ease of production. The rise of meth
production and use have galvanized Government at all levels
here, from State and local law enforcement, to the prevention
and treatment communities, as well as institutions at the
national level, Congress, and indeed our international
partners. We are grateful for the efforts of many individuals
and institutions who have worked tirelessly to push back
against this threat. I join you in congratulating those who
have been working so hard for so long, and they are making a
dramatic difference through those efforts.
Though meth still represents one of our most serious drug
threats, I'm pleased today to report some progress from some of
the indicators that we watch. Nationally, as you pointed out,
the number of meth lab incidents decreased sharply from 2004.
According to the El Paso Intelligence Center Clandestine
Laboratory Seizure System, the total number of meth lab
incidents in 2005 dropped 30 percent from 2004. These are
summarized on the chart to my right, your left.
We've also seen a reduction in meth-positive workplace
screenings. Quest Diagnostics, the Nation's largest provider of
diagnostic testing, recently reported a 45 percent reduction in
positive workplace tests from 2004 through May of this year.
The summary of those results are on the chart closest to you on
this side. And also, by region, you see the declines are
greatest in some of the regions to the west and central part of
the country that have been the hardest hit by the meth epidemic
as it grew in the southwest part of the country.
Finally, we have seen significant positive developments
with respect to meth use among our Nation's youth. The Youth
Risk Behavior Survey released last week indicates lifetime
youth meth use has declined 36.7 percent since 2001. That
survey covers grades 9 through 12. The Monitoring the Future
Survey indicates a 34 percent decrease in lifetime use among
8th, 10th, and 12th graders combined, from 2001 to 2005.
Overall, due to cooperative efforts of the administration and
Congress and, most of all, the work of many, many Americans, we
have witnessed an historic 19 percent decline in overall
teenage drug use in the last 4 years. This is an important
thing because, as you know, many people who get into meth don't
actually start with meth, they start somewhere else and turn to
it later.
Our common goal now is to push these gains further as fast
as we can to save more lives. On June 1, building on the
earlier efforts of ONDCP, the Justice Department, and the
Department of Health and Human Services, along with our other
Federal colleagues, we released, as you pointed out, the
Synthetic Drug Control Strategy. The Synthetic Strategy, a
companion document to the National Drug Control Strategy,
details plans for an unprecedented cooperation with Mexico and
other international partners to drastically reduce the flow
into the United States of both methamphetamine and the
precursor chemicals used to produce the drug. The Synthetic
Strategy sets a national goal of 15 percent reductions in
methamphetamine use and prescription drug abuse from 2005
baseline to 2008, a 3-year goal; and another goal of 25 percent
further reduction in domestic meth labs by 2008.
The Synthetic Strategy outlines a three-tiered approach to
United States international efforts: One, improving
intelligence and information on the global market for precursor
chemicals; two, effective implementation of the Combat Meth Act
passed by Congress and signed into law by President Bush, as
you pointed out, in March, which set the national standard for
restricting the retail sale of precursor chemicals within the
United States; and three, strengthening law enforcement and
border control activities, particularly with Mexico.
Our successful efforts to combat meth have involved the
States taking decisive action with dramatic results, as you see
here. Thirty-nine States have imposed regulations on retail
sale of the methamphetamine precursor, pseudoephedrine, and
preparations that contain pseudoephedrine. This was the model
for the heart of those regulatory controls in the Combat Meth
Act that take those measures nationwide. That act gives us a
powerful tool, but also other important measures that we expect
to be able to use to reduce the number of labs and the flow of
meth into our country from abroad. But as the committee surely
knows, this is not just a domestic problem, as you pointed out.
We must continue to increase our international supply
disruption interdiction efforts.
Canada, as you mentioned in your opening remarks, is aiding
us in the fight against trafficking and diversion. It has
reduced its own domestic precursor imports, resulting in sharp
declines in the amount of pseudoephedrine and ephedrine
diverted to the United States. Seizures of pseudoephedrine at
our northern border are now down 92 percent.
Mexico, as you are aware, has become the major producer and
trans-shipment point for much of methamphetamine entering
America today. It represents a major focus of our international
strategy. The Justice Department, acting primarily through the
Drug Enforcement Administration, has taken the lead in these
efforts. In addition to implementing wholesale and retail
controls on pseudoephedrine with the United States support,
Mexico is also training and equipping methamphetamine-focused
law enforcement teams to combat the spread of methamphetamine
production in Mexico.
Finally, interagency efforts will soon culminate in a
coordinated national southwest border counternarcotics strategy
which will identify key strategic objectives and provide
specific recommendations to address narcotics trafficking along
the southwest border, with the objective of significantly
improving all interdiction efforts there. Canada and Mexico now
represent the totality of our international engagement on
methamphetamine. The administration has built important bridges
with primary producing and exporting countries for bulk
ephedrine and pseudoephedrine: China, Germany, and India. For
example, earlier this year DEA's Beijing office secured
commitment from the Chemical Control Division of the Ministry
of Public Security of the People's Republic of China to
initiate, for a trial period, a chemical tracking program with
the DEA. The administration is currently engaged in efforts to
reach these types of prenotification agreements with India and
Germany, as well for all shipments of pseudoephedrine and
ephedrine and pharmaceutical preparations that include these
products regardless of the destination country.
ONDCP, DEA, and the Department of State are working with
China, India, and Germany, all major PSE and ephedrine
producing and exporting countries, in a multifaceted approach.
I have met, and will continue to work with, the ambassadors of
these countries here in Washington to strengthen our work
against meth and amphetamine type stimulants, and implement
rapidly the precursor control measures that we have been given
as tools in the Combat Meth Act and we've been reaching for in
these international control bodies. These meetings have been
positive and productive. All have expressed their desire to
work with the United States on solutions to this problem. As
you know, these drugs are not just a threat to the United
States, they are a global threat.
In late February, DEA hosted a meeting in Hong Kong with
law enforcement officials from India and Germany, and several
other major PSE- and ephedrine-importing countries to discuss
PSE and ephedrine diversion control issues. In March, the 49th
United Nation Commission on Narcotic Drugs, the CMD meeting in
Vienna, passed a U.S.-sponsored resolution on synthetic drugs.
The resolution will ask every country that imports or exports
methamphetamine precursors to take concrete action to ensure
their licit use.
In conclusion, let me say that the United States has had
domestic successes in fighting this threat of methamphetamine
production by controlling the precursors. There's a weakness
here that we are trying to exploit, and you've given us tools
to exploit on a wider scale. This type of impact can be
achieved globally if nations combat this problem in the
multilateral venues that we are now pursuing. To disrupt the
methamphetamine market we'll continue to rely on our ability to
work together to reduce the flow of methamphetamine and prevent
diversion of its precursors, principally pseudoephedrine,
ephedrine, and pharmaceutical preparations that include these
chemicals.
You have helped us show that this threat can be made
smaller. We need to follow through and use those tools that our
States have proven can work. The Combat Meth Act gives us the
nationwide and global application of those tools as the core of
our international efforts against meth and ATS. I want to thank
you for that work. I know that was not an easy measure to pass,
but we think we're safer and we're going to be able to help
others make their nations safer, as well, as a result of those
tools.
Thank you.
[The prepared statement of Mr. Walters follows:]
Prepared Statement of Hon. John P. Walters, Director, Office of
National Drug Control Policy, Executive Office of the President,
Washington, DC
introduction
Chairman Hagel, Chairman Coleman, Senator Sarbanes, Senator Dodd,
and distinguished members of the subcommittees. Thank you for the
opportunity to appear before you today to discuss such an important
issue and to address our international efforts against methamphetamine
and its precursors.
Since the early 1990s, and especially over the last few years, the
illicit use of synthetic drugs has become a severe and troubling
problem, at both the international and national levels. The most
devastating of these synthetic drugs for the United States has been
methamphetamine.
In response to these developments, in October 2004, the U.S.
Government released the National Synthetic Drugs Action Plan, the first
comprehensive national plan to address the problems of synthetic and
pharmaceutical drug trafficking and abuse. The action plan outlined
current Federal and State efforts in the areas of prevention,
treatment, regulation, and law enforcement and made concrete
recommendations for enhancing Government efforts to reduce synthetic
drug abuse.
On June 1, building on these earlier efforts ONDCP, DOJ, DHS, and
HHS released the Synthetic Drug Control Strategy. The Synthetics
Strategy, a companion document to the President's National Drug Control
Strategy, details plans for unprecedented cooperation with Mexico and
other international partners to drastically reduce the flow into the
United States of both methamphetamine and the precursor chemicals used
to produce the drug. The Synthetics Strategy calls for 15 percent
reductions in methamphetamine use and prescription drug abuse over the
next 3 years and a 25 percent reduction in domestic meth labs.
The Synthetics Strategy outlines a three-tiered approach to the
United States' international efforts: Improving intelligence and
information on the global market for precursor chemicals; effective
implementation of the Combat Meth Act, signed into law by President
Bush this March, which sets a national standard for restricting the
retail sale of precursor chemicals within the United States; and
strengthening law enforcement and border control activities,
particularly with Mexico.
the spread of meth and latest trend data
In the past decade and a half, methamphetamine use has spread
eastward across the United States. Between 1992 and 2003, the treatment
admission rate for methamphetamine and amphetamine increased from 10 to
57 admissions per 100,000 population aged 12 or older (an increase of
over 470 percent). Additionally, between 2001 and 2004, the positive
drug-testing rates among the general United States workforce for
methamphetamine/amphetamine increased from 0.29 percent to 0.52 percent
of all tests (an increase of 79 percent). However, this trend reversed
in 2005 when the incidence of methamphetamine/amphetamine positive
drug-testing rates declined 8 percent to 0.48 percent. The news is even
more encouraging when we look only at methamphetamine, which we can do
for the first time thanks to a new analysis of the testing results by
Quest Diagnostics. The incidence of methamphetamine positives dropped
from 0.33 percent in 2004 to 0.26 percent in 2005 and down further, to
0.18 percent, for the first five months of 2006, a 45 percent reduction
over 2 years and significant downward trend.
There is additional good news when we look closely at the data for
youth drug use. Methamphetamine use rates have dropped by almost one-
third among 8th, 10th and 12th graders combined since 2001. The Center
for Disease Control's Youth Risk Behavior Survey found a 36.7 percent
decline in lifetime youth meth use since 2001. There is much additional
work to do to fight the threat of methamphetamine, both at home and
abroad, but the latest information we have received is good news for
Americans.
united states' response
In response to the increased threat from methamphetamine, United
States law enforcement agencies have increased their efforts, both
domestically and internationally, to stem the flow of methamphetamine
and the precursors that are used to produce it. States have also taken
decisive action with dramatic results.
Within the past 2 years, 39 states have imposed new regulations on
the retail sale of the methamphetamine precursor pseudoephedrine (PSE)
and preparations that contain pseudoephedrine. These restrictions vary
from State to State in their severity and content, as the severity and
nature of the meth problem itself differs significantly among different
States. States with the strictest pseudoephedrine laws have seen
significant reductions in the seizure of small toxic labs. For example,
1,063 lab incidents occurred in Oklahoma in 2003. After instituting
strict laws controlling pseudoephedrine in March 2004, lab seizures in
Oklahoma dropped by 37.3 percent to 667 lab incidents in 2004. Only 218
labs were reported seized in Oklahoma during 2005, a dramatic decline
of 67.3 percent from the previous year. As more States have adopted
similar restrictions, and as States and the Federal Government have
taken other actions to combat use of the drug, the United States has
seen national declines in the number of super labs and total labs
seized. In fact, the total number of lab incidents in the United States
declined from 17,675 in 2004 to 12,213 in 2005. This substantial 30.9
percent decline is the result of the hard work by State, local, and
Federal law enforcement officers across this country, as well as
enactment and effective implementation of new laws controlling
precursors enacted by 39 States.
Congress has also taken decisive steps to combat methamphetamine
production and precursor diversion through the passage of the Combat
Meth Act. This legislation is an important and positive step forward
and has provided many useful tools both domestically and
internationally.
Many of the restrictions on consumer retail sales of products
containing pseudoephedrine have been in effect for over 2 months with
remainder of the restrictions taking effect September 30, 2006. The
reduction of domestic methamphetamine production has been achieved by
controlling the precursors used to make the drug and when the Combat
Meth Act is fully implemented we expect this national trend to
continue. Concerning national demand for legitimate products containing
pseudoephedrine, ephedrine, and phenylpropanolamine, the Drug
Enforcement Administration is gathering and analyzing information
regarding the licit national demand for these products, so that the
agency may meet its obligation under the Combat Meth Act to set
manufacturing quotas. We expect the retail sales restrictions and the
ceiling on pseudoephedrine imports to have a significant positive
affect on the domestic diversion of pseudoephedrine.
The Combat Meth Act also contains mechanisms to assist in reducing
international diversion of methamphetamine precursors. The Department
of State will identify the top five exporters and the top five
importers of ephedrine, pseudoephedrine, and phenylpropanolmine, (which
are the precursors for methamphetamine/amphetamine), with the highest
rate of diversion for illicit uses. The State Department will publish
the list of those countries in the annual International Narcotics
Control Strategy Report that will be released no later than March 1,
2007. The President will determine whether the identified countries are
``cooperating fully'' with the United States or taking adequate
measures on their own to address the production and trafficking of
illegal drugs. The Department of State has formed an interagency
working group to develop and implement a workable methodology that will
be used to identify the top five countries in each category. The
administration is committed to using the new tools provided by the
Combat Meth Act effectively to foster better international controls on
methamphetamine precursors.
Reducing precursor diversion and decreasing the number of domestic
labs not only reduces methamphetamine production and the environmental
damage caused by the production process, but also reduces the threat
that these labs pose to our citizens. Methamphetamine production and
use exact a huge toll on families and particularly children.
Methamphetamine production can occur in homes and apartments where
children live, exposing them to a variety of toxic and noxious
substances. The research of current and future health risks of such
exposure is ongoing, but it appears that the consequences to the health
of the meth-exposed child are severe. Children of methamphetamine users
are also exposed to the numerous social and developmental problems that
result from their parent's abuse problem. While under the influence of
methamphetamine, these parents do not care for themselves, let alone
their children. While on a multi-day methamphetamine binge, these
parents have no interest in the needs of a child; they are simply
focused on their high. When the binge ends they sleep for days at a
time, while their children continue to be without parental care.
In October 2003, the Office of National Drug Control Policy
launched a national Drug-Endangered-Children initiative to assist with
coordination among existing State programs that help rehabilitate
children who have been affected by methamphetamine. The results of this
initiative have been promising with the number of affected children, as
reported by the national Drug-Endangered-Children Program, dropping
from 3,708 in 2003, to 3,104 in 2004, and for 2005 there were 1,660
affected children reported. Although this trend is promising we must
continue our efforts.
The United States has had domestic success fighting the spread of
methamphetamine production by controlling the precursors. We can
achieve this impact globally by working cooperatively with our
international partners. Disrupting the methamphetamine market will
continue to rely on our ability to work together to reduce the flow of
methamphetamine and prevent the diversion of its precursors--
principally pseudoephedrine, ephedrine, and pharmaceutical preparations
that include these chemicals.
international efforts
In targeting international methamphetamine production, the
Department of Justice, primarily acting through the Drug Enforcement
Administration, is the lead U.S. Government agency. Recently, its
attention has been focused primarily on Mexico--a major producer or
transshipment point for much of the methamphetamine entering America.
Over the past few years, rising seizures at the United States'
southwest border indicate increasing production of methamphetamine
within Mexico, as do reports of additional methamphetamine lab seizures
within Mexico, and reports from State and local law enforcement
throughout the United States concerning the influx of out-of-state
methamphetamine within their jurisdictions.
The increase in southwest border seizures of methamphetamine from
2001 to 2004 has been significant with 1,170 kilograms in 2001; 1,130
kilograms in 2002; 1,790 kilograms in 2003; and, 2,320 kilograms in
2004.
Because the U.S. Government's counterdrug, counterterror, and
immigration enforcement missions are interrelated, improved counterdrug
efforts will also enhance border security. In February 2005, the
President's Homeland Security Advisor directed the development of a
strategy to address the drug threat to the southwest border.
Interagency efforts, at this time, are culminating in a coordinated
National Southwest Border Counternarcotics Strategy that will identify
key strategic objectives and provide specific recommendations to
address the illicit narcotics threat and significantly improve overall
interdiction efforts along the southwest border.
Although this is a significant and growing threat, Mexico has taken
some important steps. Through its Federal Commission for the Protection
against Sanitary Risks (COFEPRIS), the Government of Mexico is
implementing several important wholesale and retail controls on
pseudoephedrine in cooperation with the pharmaceutical industry and is
considering others. Mexican pharmacies are moving pseudoephedrine
combination products behind the counter and limiting retail sales to 9
grams. In addition, Mexico recently imposed a policy limiting imports
of pseudoephedrine and ephedrine to manufacturers only. Wholesale
distributors are barred from importing raw pseudoephedrine and
ephedrine. Furthermore, importers can import shipments of no more than
3,000 kilograms at a time. Mexico also has begun imposing import quotas
tied to estimates of licit national need after a study revealed that
imports far exceeded this amount. As a result, Mexico's PSE imports
have dropped from 216 metric tons in 2004 (COFEPRIS), to 132.5 metric
tons in 2005 (COFEPRIS), with a goal of 70 metric tons for 2006
(COFEPRIS).
With United States support, Mexico is training and equipping
methamphetamine-focused law enforcement teams to combat the spread of
methamphetamine production in Mexico. DEA is providing laboratory
investigation and processing training for Mexican law enforcement
elements, enabling them to identify and destroy methamphetamine labs.
Additionally, Mexican authorities have seized more than 55 million
methamphetamine precursor pills since December 2000.
Canada, like Mexico, is aiding in the fight against trafficking and
diversion. Canada has taken numerous steps over the past few years to
prevent the diversion of pseudoephedrine and ephedrine through
increased control of imports and exports. From 2000 to 2004, lawful
pseudoephedrine imports into Canada fell from just over 500 to less
than 50 metric tons. Additionally, from 2003 to 2004, lawful ephedrine
imports fell from 19 to 7 metric tons, and overall pseudoephedrine and
methamphetamine seizures of shipments into the United States have
dropped over the past year. These reduced precursor imports into Canada
resulted in sharp declines in the amounts of pseudoephedrine and
ephedrine diverted into the United States for the manufacture of
methamphetamine. The number of superlabs in the United States detected
by law enforcement fell from 143 in 2002 and 130 in 2003 to just 55 in
2004 and seizures of pseudoephedrine at our northern border are now
down by 92 percent.
In addition to working with Mexico and Canada on this issue, the
United States continues to work with the primary producing and
exporting countries for bulk ephedrine and pseudoephedrine--China,
Germany, and India. In addition to working with each of these nations
multilaterally, which I will address when discussing the recently
adopted U.S.-sponsored resolution at the Commission on Narcotic Drugs
(CND), DEA continues to actively work cooperatively with each of these
nations on precursor chemical investigation and regulatory issues. To
accomplish this task, DEA has assigned chemical diversion investigators
to their country offices in each of these nations to address this
important issue.
The United States and Mexico are also working to gain broader
international support for prenotification of international shipments of
combination tablets containing pseudoephedrine through multilateral
bodies such as the Organization of American States and the Project
Prism initiative facilitated by the United Nations International
Narcotics Control Board. Extending these pre-export notifications
(PENs) to pharmaceutical preparations that contain pseudoephedrine and
ephedrine are critical to controlling the diversion of precursors.
Under the 1988 U.N. Convention on Psychotropic Substances, signatory
countries are only required to provide PENs on bulk pseudoephedrine,
bulk ephedrine, and single-entity tablets containing these substances;
pharmaceutical preparations (combination products) are exempt.
Additionally, unlike the United States, many nations have not suffered
the significant costs associated with small toxic labs. Many countries
are either unaware that diverted pharmaceutical preparations containing
pseudoephedrine or ephedrine are often used as the main precursor for
methamphetamine production (and how easily they can be converted into
methamphetamine), or face continued challenges in stopping this
diversion.
multifaceted approach
ONDCP, the DEA, and the Department of State are working with the
major PSE and Ephedrine producing/exporting countries of China,
Germany, and India on a multifaceted approach:
(1) I am meeting with the ambassadors from these countries to
discuss amphetamine-type stimulants (ATS) and precursor control/
diversion issues. To date, I have met with the Chinese Ambassador to
the United States, Zhou Wenzhong, the Deputy Chief of Mission of the
Indian Embassy, Ambassador R.S. Jassal, and the Head of the European
Union's Delegation to the United States, John Bruton. The meetings were
very positive and productive; all expressed their desire to work with
the United States on solutions to this problem.
(2) In late February 2006, DEA hosted a meeting in Hong Kong with
law enforcement officials from India, Germany, and several major PSE
and ephedrine-importing countries to discuss PSE and ephedrine
diversion control issues. There was an overall agreement that more must
be done internationally to control diversion and it was a significant
first step in the process.
(3) In March 2006, at the 49th United Nations Commission on
Narcotic Drugs (CND) in Vienna, member states adopted a United States-
sponsored resolution on synthetics drugs. The resolution:
(a) Requests that countries estimate their licit need for PSE and
ephedrine (in addition to precursor chemicals for Ecstasy) as well as
the pharmaceutical preparations containing them. By knowing countries'
licit requirements, the resolution aims to reduce surpluses and
potential diversion of the precursors.
(b) Requests exporting countries to verify the authenticity of each
export shipment.
(c) Urges exporting countries to provide to the International
Narcotics Control Board information on all shipments of
pseudoephedrine, ephedrine, licit pharmaceutical preparations
containing these substances, and other chemicals.
(d) Requests member states to allow the International Narcotics
Control Board to share shipment information with concerned countries'
law enforcement and regulatory authorities to prevent or interdict
diverted shipments. The intent is to prevent diversion while not
impeding legitimate international commerce.
(e) Requests countries to ensure that the quantity of imports is
commensurate with their legitimate requirements.
Implementation of the resolution will mean that each country that
exports or imports methamphetamine precursors will be pressured to take
concrete actions. Our Government will be working through our embassies
to encourage countries to move quickly to meet their new obligations.
In addition we will continue to provide assistance, through the State
Department, to the INCB to facilitate their administration of these new
measures.
conclusion
The United States has had significant success fighting the spread
of methamphetamine production by controlling precursor chemicals
domestically. This type of impact can be achieved globally if nations
combat the problem cooperatively. Disrupting the methamphetamine market
will depend on our ability to work together to prevent the diversion of
its precursors--principally pseudoephedrine, ephedrine, and
pharmaceutical preparations that include these chemicals used in
manufacturing the drug and then to crimp the flow of manufactured
methamphetamine coming into the United States.
Thank you again for the opportunity to testify on this important
topic, and I welcome any questions the subcommittees may have regarding
methamphetamine, and the administration's efforts to reduce its use,
production, trafficking, and the diversion of its precursors.
Senator Coleman. Thank you very much. Ambassador Patterson.
STATEMENT OF HON. ANNE W. PATTERSON, ASSISTANT SECRETARY FOR
INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS, WASHINGTON
DC
Ms. Patterson. Chairman Hagel, Chairman Coleman, thank you
for this opportunity to discuss the Department of State's
efforts to curb the international production and trafficking of
methamphetamine. Methamphetamine abuse is a growing problem
throughout the world, and we certainly are not alone in this
challenge. The Department of State focuses on two key areas:
One, seeking greater transparency in the international trade in
methamphetamine precursor chemicals; and two, continued efforts
with the government of Mexico to disrupt methamphetamine
production and trafficking.
The last comprehensive agreement on international chemical
control is in the 1988 U.N. Convention Against Illicit Traffic
and Narcotic Drugs and Psychotropic Substances. While the
convention covers methamphetamine's precursor chemicals, such
as ephedrine and pseudoephedrine, it exempts finished
pharmaceutical preparations containing them. Furthermore, many
countries have been reluctant to share information because much
of the data is commercially sensitive.
Given these challenges, we have found that seeking
voluntary cooperation, based on mutual benefit, is the best way
to obtain information beyond what is required by the
convention. DEA has been successful in joint investigations,
bilateral agreements, and through multilateral efforts such as
the International Narcotics Control Board's Project Prism. The
Department of State, DEA, and ONDCP continue to press this
issue in international organizations and through bilateral
relations.
In March, a U.S.-sponsored resolution was adopted by
consensus at the 49th U.N. Commission on Narcotic Drugs. This
resolution specifically requests countries to provide the INCB
with annual estimates of their legitimate requirements for
synthetic drug precursor chemicals, as well as the
pharmaceutical preparations containing these substances. This
resolution also requests countries to permit the INCB to share
such information with concerned law enforcement and regulatory
agencies which the INCB has since agreed to publish. This will
allow governments to track any spikes in imports, a possible
signal of illegal diversion.
While we consider the adoption of our resolution an
important step, the Department of State will work hard to make
this effort successful. The Combat Methamphetamine Epidemic Act
has provided the administration with new tools and focused our
efforts on this important issue, and we have begun taking steps
to implement its international provisions. As a fundamental
step, we have established an interagency working group,
composed of experts from relevant agencies, to develop a
methodology for how countries will be evaluated in accordance
with the Act's reporting requirements.
In March, I visited Mexico where I met with many officials
who were increasingly concerned about Mexico's own problem with
methamphetamine abuse and addiction. Methamphetamine is a
common challenge, as the drug now harming communities in
Mexico, along traditional trafficking routes, an inevitable
symptom of the drug business. Recognizing that its import of
pseudoephedrine exceeded its legitimate demand, Mexico has made
progress in controlling a legitimate import by enacting tariff
regulations on the importation and distribution of these
products. However, the threat of smuggling a precursor chemical
from third countries into Mexico will continue to be a
challenge.
To counter smuggling and methamphetamine production, the
State Department is working closely with the Government of
Mexico to enhance law enforcement capacity to secure our common
border. In coordination with DEA, we have provided specialized
equipment and have established vetted units to safely dismantle
methamphetamine labs and to prosecute those responsible.
The Department of State also participates in the National
Meth Chemical Initiative, which includes officers from local,
State, and Federal law enforcement agencies, as well as Mexico
and Canada. The group works to create strategies and identify
current chemical trends related to methamphetamine. At the May
meeting, the Department of State facilitated the attendance of
the Mexican Attorney General and other high officials from
Mexico.
Although Mexico remains the focus of our bilateral efforts
against methamphetamine, we have smaller programs in Asia,
where 60 percent of the world's methamphetamine users live.
While the United States is not the principle destination market
for these drugs, Asia produces the majority of the world's
amphetamine-type stimulants to feed the growing demand in
Australia and East and Southeast Asia.
In conclusion, we can expect that in the future an even
greater percentage of methamphetamine consumed in the United
States will be produced abroad, even if access to precursor
chemicals is further restricted. While the international
efforts that I have described are important tools, more must be
done. The Department will continue to press this issue in
bilateral and multilateral settings, move forward with
international precursor chemical control, and fully implement
the Combat Meth Act. We are also exploring additional ways to
strengthen cooperation with Mexico and other international
partners. We appreciate Congress's support and leadership on
this issue, and we always communicate your strong interest when
working without international partners. Thank you for the
opportunity to testify today.
[The written statement of Ambassador Patterson follows:]
Prepared Statement of Hon. Anne W. Patterson, Assistant Secretary for
International Narcotics and Law Enforcement Affairs, Department of
State, Washington, DC
Chairman Hagel, Chairman Coleman, Senator Sarbanes, Senator Dodd,
and other distinguished members, thank you for the opportunity to
discuss the Department of State's efforts to curb the international
production and trafficking of methamphetamine. I appreciate your
continuing interest in this growing challenge and thank you for holding
a hearing on such an important and timely subject.
Methamphetamine abuse continues to be an enormous problem in this
country. Current data on drug and laboratory seizures suggest that
roughly 80 percent of the methamphetamine used in the United States
comes from larger laboratories, which are increasingly found in Mexico.
As we have reported in the annual International Narcotics Control
Strategy Report (INCSR), methamphetamine abuse is a growing problem
throughout the world. According to the U.N. Office on Drugs and Crime's
(UNODC) latest statistics, approximately 35 million people in the world
use amphetamine-type stimulants (ATS),\1\ including methamphetamine and
Ecstasy.
---------------------------------------------------------------------------
\1\ ATS generally refers to amphetamine, methamphetamine, and MDMA
(Ecstasy), and its analogs.
---------------------------------------------------------------------------
Synthetic drugs such as methamphetamine and Ecstasy present a
unique challenge to our international drug control policy. These drugs
are relatively easy and inexpensive to produce, offer enormous profit
margins, and often do not have the same social stigma associated with
the use of other drugs. Unlike drugs derived from organic materials,
such as cocaine or heroin, their production is not limited to a
specific geographic region. Therefore, we must remain vigilant to
ensure that progress in one area is not offset by setbacks in others.
In order to address international methamphetamine production and
trafficking, the Department of State plays an integral role in the
administration's synthetic drug control strategy. We emphasize two key
areas: Seeking greater international control and transparency in the
production, sale, and transportation of methamphetamine's precursor
chemicals and the pharmaceutical preparations containing them; and
significantly expanding our support and cooperation with the Government
of Mexico on precursor control and other methamphetamine specific
initiatives.
international precursor chemical control
Most of the methamphetamine consumed in the United States--
somewhere between 75 and 85 percent--is produced with chemicals that
are diverted from the legitimate flow of international commerce.
Therefore, a central focus of the administration's strategy is to
encourage transparency in the international trade in methamphetamine's
precursor chemicals and the pharmaceutical preparations containing
them.
The most comprehensive agreement on international chemical control
is the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances. While the convention covers
methamphetamine's precursor chemicals such as ephedrine and
pseudoephedrine, it exempts finished pharmaceutical preparations
containing them. This situation allows criminal organizations to
circumvent the convention by purchasing uncontrolled pharmaceutical
preparations on the international market, instead of the regulated bulk
precursor chemicals. Furthermore, many countries have simply been
reluctant to share information regarding their trade in these
substances, because much of the data is commercially sensitive.
Complicating matters further, in some countries, these chemicals are
regulated by health officials, rather than law enforcement agencies.
Given these challenges, we have found that seeking voluntary
cooperation, based on mutual benefit, is the best way to obtain
information on the trade in precursor chemicals beyond what is required
by the convention. The U.S. Drug Enforcement Administration (DEA) has
been successful in this regard. DEA works with its international drug
law enforcement and regulatory partners to target organizations
involved in the trafficking of these essential precursor chemicals. By
promoting voluntary cooperation between law enforcement entities,
pursuant to joint investigations, DEA has been able to monitor some
suspect shipments to detect and prevent the diversion of chemicals for
illicit uses.
DEA also works with foreign law enforcement and regulatory
counterparts through Project Prism, an international initiative
supported by the International Narcotics Control Board (INCB). Project
Prism brings together relevant institutions and experts from member
states in order to assist governments in developing and implementing
operating procedures to control and more effectively monitor the trade
in precursor chemicals. Project Prism also collects information on pre-
export notifications to monitor shipments of the essential precursor
chemicals used to produce methamphetamine and other synthetic drugs.
Beyond these established mechanisms to ensure that chemical imports
are in line with legitimate requirements, the Department of State, DEA,
and the Office of National Drug Control Policy (ONDCP) are working to
elevate the threat of methamphetamine in international fora and in
bilateral relations. In March, a U.S.-sponsored resolution entitled
Strengthening Systems for Control of Precursor Chemicals Used in the
Manufacture of Synthetic Drugs was adopted by consensus at the 49th
U.N. Commission on Narcotic Drugs (CND).\2\ This resolution
specifically requests countries to provide the INCB with annual
estimates of their legitimate requirements for PMK (a precursor for
Ecstasy), pseudoephedrine, ephedrine, and phenyl-2-propanone (P2P), as
well as the pharmaceutical preparations containing these substances.
The resolution also requests countries to permit the INCB to share such
information with concerned law enforcement and regulatory agencies. In
addition, the INCB has since agreed to publish the data collected on
legitimate requirements, which will allow governments to track any
spikes in imports, a possible signal of illegal diversion.
---------------------------------------------------------------------------
\2\ The U.N. Commission on Narcotic Drugs is the central policy-
making body within the United Nations system dealing with drug-related
matters.
---------------------------------------------------------------------------
The resolution also urges countries to continue to provide to the
INCB--subject to their national legislation and taking care not to
impede legitimate international commerce--information on all shipments
of these substances, including pharmaceutical preparations containing
them. Finally, the resolution requests that countries grant permission
to the INCB to share the shipment information on these consignments
with concerned law enforcement and regulatory authorities to prevent or
interdict diverted shipments.
To promote the full implementation of this resolution, the
Department of State intends to contribute $700,000 in fiscal year 2006
funds, double our fiscal year 2005 contribution, to help fund the
INCB's activities. While we consider the adoption of our CND resolution
an important first step, we will continue to encourage countries to
actively provide information to the INCB and support its expanding
role. The Department of State, DEA, and ONDCP will also work to
identify new mechanisms that might promote the further exchange of
information and expertise pertinent to the control of methamphetamine
and other synthetics.
Finally, the Department of State also works through the Inter-
American Drug Abuse Control Commission (CICAD), to evaluate the use of
precursor chemicals and assist countries in strengthening controls.
Many nations in the Western Hemisphere still lack the capacity to
distinguish between the legitimate international trade in precursor
chemicals and pharmaceuticals, and any excess production that is being
diverted for illicit use. Therefore, the United States, through its
work with CICAD, has assisted in the development of model regulations,
information-sharing mechanisms, and guides and reference tools for the
control of chemicals.
cooperation with mexico
Early in my tenure I visited Mexico and met with many officials who
were increasingly concerned about Mexico's own problem with
methamphetamine abuse and addiction. Methamphetamine is a common
challenge, as the drug is now harming communities in Mexico along
traditional drug trafficking routes, which is an inevitable part of the
drug business.
It is likely that methamphetamine production has steadily migrated
into Mexico, because production in the United States and Canada has
declined due to stricter regulations and enhanced law enforcement
efforts. Today, Mexican drug trafficking organizations now produce and
traffic a large percentage of the methamphetamine consumed in the
United States. They also control superlabs, a laboratory capable of
producing 10 pounds or more of methamphetamine within a single
production cycle, located throughout Mexico and California. These same
Mexican criminal organizations control most mid-level and retail
methamphetamine distribution in the Pacific, Southwest, and west-
central regions of the United States, as well as much of the
distribution in the Great Lakes and Southeast regions. It is also
likely that these organizations are capitalizing on their huge
resources and existing smuggling and distribution networks to traffic
methamphetamine into the United States. However, Mexico is increasingly
aware of its own methamphetamine problem and is beginning to make
progress in limiting imports of the essential chemicals used to produce
methamphetamine.
Between 2002 and 2004, Mexico saw a remarkable 140 percent increase
in its imports of pseudoephedrine and ephedrine, indicating a strong
likelihood of illegal diversion. Recognizing that these imports far
exceeded legitimate demand, Mexico enacted a series of regulations and
policies to restrict imports and better regulate the sale of precursor
chemicals. For instance, between 2004 and 2005, the Mexican Government
banned pseudoephedrine imports of over 3 tons and restricted the
importation of pseudoephedrine to only drug companies. In order to
further prevent the illegal diversion of these chemicals, Mexico
restricted the sale of pseudoephedrine-based products to only licensed
pharmacies, restricted the amount that can be purchased by an
individual, and instituted a policy that requires all shipments of
pseudoephedrine to be transported in police-escorted armored vehicles
equipped with GPS tracking systems. In 2005, the result of these import
restrictions and domestic regulations was a 40 percent reduction of
legitimate imports and this year the Government of Mexico is committed
to reducing imports even further. However, the threat of illegal
smuggling of precursor chemicals and pharmaceutical preparations from
third countries into Mexico will continue to be a challenge.
To counter illegal smuggling and methamphetamine production, the
State Department works closely with the Government of Mexico on a wide
range of counterdrug, law enforcement, and border security initiatives,
and provides assistance and training that specifically targets
methamphetamine. For instance, we are supporting the enhancement of a
Sensitive Investigations Unit dedicated to targeting criminal groups
involved in methamphetamine production and trafficking. Working with
DEA we are assisting in the establishment of specialized Mexican
clandestine laboratory response teams to target organizations involved
in the operation of clandestine methamphetamine labs and are providing
training for a select group of Mexican authorities to improve
prosecutions in chemical control and synthetic drug cases. In
cooperation with DEA, we provided Mexico with a new mobile laboratory
vehicle equipped with specialized equipment to safely locate and
dismantle methamphetamine labs. We have also refurbished and donated
eight additional used laboratory vehicles to Mexican law enforcement.
In addition, the Department continues to provide basic training and
technical assistance to Mexican chemical control agencies in order to
promote comprehensive chemical control projects. Together with UNODC,
we have also supported a national computer data system that permits the
Government of Mexico to monitor the importation and movement of
chemicals used for methamphetamine production at 17 sites throughout
the country.
Along with these methamphetamine-specific initiatives, we will
continue ongoing programs that directly confront methamphetamine
trafficking, including: Targeting international crime along our common
border, enhancing Mexican law enforcement's ability to disrupt the
international drug trade, and continuing cooperation and coordination
between the law enforcement agencies of our two countries.
Currently, the interagency is in the process of finalizing the
implementation strategy for the National Southwest Border
Counternarcotics Strategy that has identified key strategic objectives
and provide specific recommendations to address the illicit narcotics
threat and significantly improve overall interdiction efforts along the
southwest border. This strategy reflects the Department of State's
long-range objective to strengthen the Government of Mexico's law
enforcement capacity.
east and southeast asia
While most of the Department of State's efforts to curb
methamphetamine production, trafficking, and abuse concentrate on
international precursor chemical control and cooperation with Mexico,
we also have smaller programs in Asia, where 60 percent of the world's
ATS users live (most of whom are methamphetamine users in East and
Southeast Asia). The scope of the problem in Asia is quite troubling.
For example, methamphetamine is by far the most commonly abused drug in
Thailand. Japan has an estimated 600,000 addicts and between one and
three million ``casual'' users nationwide. And in the Philippines,
statistics from rehabilitation centers show that 84 percent of patients
list methamphetamine as their drug of choice.
While the United States is not the destination market for these
narcotics, Asia produces the majority of the world's ATS to feed
growing demand in Oceana and East and Southeast Asia. To help stem
production, trafficking, and abuse in East and Southeast Asia, the
Department of State has supported bilateral and multilateral efforts.
We have provided funding to the ASEAN and China Cooperative Operations
in Response to Dangerous Drugs (ACCORD) program to combat drug
production, trafficking, and abuse, with a particular focus on ATS. We
have also provided funding to Indonesia and the Philippines for DEA law
enforcement training, including: Basic drug investigations, chemical
control, and clandestine laboratory training. Finally, the Department
of State has provided support for demand reduction and treatment
programs in Laos, Thailand, Vietnam, Cambodia, and elsewhere in
Southeast Asia. Demand reduction programs like these and others have
been proven highly effective throughout the world and can be
implemented through correctional systems, schools, religious
institutions, or even civil society groups.
implementing the international provisions of the combat methamphetamine
epidemic act
The Department of State has begun taking steps to implement the
international provisions of the Combat Methamphetamine Epidemic Act
(CMEA). Beginning on March 1, 2007, our annual INCSR will include a new
section reporting on the top five exporters of methamphetamine's
precursor chemicals and pharmaceutical preparations containing them, as
well as the top five importers of these chemicals with the highest
rates of diversion. After this report is issued, the President will
then determine if the identified countries are ``cooperating fully''
with the United States or taking adequate measures on their own to
address the production and trafficking of illegal drugs. Shortly after
the INCSR is submitted to Congress, the Department of State will then
issue a separate report on the countries that were not ``certified'' by
the President. This additional report will address steps being taken by
the country (or countries) to prevent the diversion of precursor
chemicals and pharmaceutical preparations. The CMEA also requires a
report on the total worldwide production as compared to the legitimate
demand for these chemicals. In addition, we are complying with the CMEA
by continuing our bilateral partnership with Mexico and will be
reporting on our cooperation on chemical control and law enforcement
activities with the Government of Mexico.
Currently, the Department has established an interagency
International Chemical Assessment Work Group composed of experts from
the Department of State, ONDCP, DEA, the Department of Justice, the
U.S. Trade Representative, the intelligence community, and other
relevant agencies to develop a methodology for how countries will be
evaluated in accordance with the CMEA. Based on this group's
recommendations, the Department of State will develop guidance for our
overseas embassies on how to best report on the information required by
the CMEA. This process will augment any commercial data that is
publicly available to determine the top five exporters and top five
importers with the highest rate of diversion.
conclusion
I would like to close by thanking Congress for its leadership on
this issue. The CMEA has provided the administration with new tools and
has focused our efforts on this important issue. I look forward to
continuing to work with Congress, the U.S. law enforcement community,
and global partners in meeting and countering this common threat. Thank
you for the opportunity to testify today and I look forward to
answering your questions.
Senator Coleman. Thank you, Ambassador Patterson. Director
Tandy.
STATEMENT OF HON. KAREN P. TANDY, ADMINISTRATOR, DRUG
ENFORCEMENT ADMINISTRATION, WASHINGTON, DC
Ms. Tandy. Chairman Hagel and Chairman Coleman, thank you
very much for the opportunity for the DEA to discuss with you
today what we are doing to combat international methamphetamine
trafficking. This hearing highlights that we need to be
concerned about more than what is happening in our own
backyard, and recognize that with methamphetamine, our backyard
has become the globe. To fight meth in such places as Nebraska
and Minnesota, we have to go to the far corners of the world to
places such as Mexico, Hong Kong, and India.
Methamphetamine trafficking, and the movement of its
precursor chemicals are an increasing global threat. According
to a recent report by the United Nations Office on Drugs and
Crime, more than 26 million people worldwide use amphetamines,
largely, methamphetamine, which is more than the worldwide
users of heroin and cocaine combined. We're seeing meth
production spread around the world. In Canada, for example, the
number of meth labs seized there has increased from 12 in the
year 2000, to 41 in 2004, which was a 200 percent plus
increase. And these labs are larger and more sophisticated than
in the past.
Last November, one of the three meth labs that had the
largest potential production capacity in the world, was seized
in Indonesia. Further, more countries than ever are part of the
meth chemical movement chain. Because of the law enforcement
successes that we've had in Hong Kong and Mexico, in
identifying and stopping precursor chemical shipments, we are
now seeing chemicals moving from India and China and being
rerouted through new places such as Egypt and South Africa
before going to Mexico. And in a more disturbing trend, we've
begun seeing Asian-organized crime groups in Canada selling
tens of thousands of pills that look like, and were marketed
as, Ecstasy, but instead, were 100 percent methamphetamine.
Those meth pills are now turning up in the United States. And
if this Ecstasy bait and switch marketing trend continues, we
will see a new host of unwitting meth addicts at potentially
much younger ages.
Closer to home, we have good news in our fight against meth
as this committee has heard and is familiar with. In just 1
year of tough State legislation, we've seen the mom-and-pop
meth labs slashed 40 percent nationally, and that downward
trend should continue across the country. Between the new State
laws and the passage of the Combat Meth Act by the United
States Congress, we have the foundation in place to prevent
America from becoming a toxic waste dump and saving thousands
of innocent children from contamination. To protect even more
innocent citizens, DEA is creating for the first time, a
national listing on our Web site of the addresses of properties
in which meth labs or chemical dump sites have been found. This
is a public service alert so that innocent citizens will not be
victimized. We expect the public list to be available on the
Web site this fall.
Today, about 20 percent of the meth consumed in America is
made here. The balance is manufactured and distributed by
Mexican organizations operating on both sides of the border.
Certainly the main share is in Mexico, but it is also in the
United States. To combat that 80 percent, just a month ago,
Attorney General Gonzales and Mexico's Attorney General Cabeza
de Vaca, stood together for the first time in history to
announce a real plan to tackle Mexican meth by both of our
countries.
Together, DEA and our Mexican counterparts are setting up
specialized meth enforcement teams in both countries. We are
jointly targeting the most wanted meth traffickers based on
shared intelligence. DEA has donated eight clandestine lab
trucks to Mexican law enforcement, and we are even exchanging
our personnel, our chemical regulatory experts between the two
countries for the first time. Already, DEA has established new
dedicated meth task forces along the southwest border. And
additionally, with the time that we have saved from 40 percent
fewer small toxic labs and 87 percent fewer superlabs in the
United States, we've expanded the focus of our own clan lab
teams across the country to target and shut down the networks
and domestic supply lines for those organizations trafficking
Mexican meth.
This committee knows well that a critical part of fighting
meth is fighting the chemicals used to make it. Simply put, if
there are no chemicals, there are no drugs. DEA is working
closely with our international partners, as you've heard, to
monitor trade in precursor chemicals and prevent them from
getting into the hands of criminal manufacturers. One hundred
twenty-six countries now participate in DEA's Project Prism
which uses pre-export notifications to monitor shipments of
ephedrine, pseudoephedrine, and other such chemicals.
In just 3 years, more than 5 metric tons of 60 milligram
tablets were seized in the United States, Mexico, and Panama.
Had that not been seized, the pseudoephedrine easily could have
produced more than 3 metric tons of finished methamphetamine.
Additionally, as you have heard, the United Nations
Commission on Drugs passed the U.S. Government-sponsored
resolution that, for the first time, would provide for broader
tracking of worldwide shipments of precursor chemicals. That
resolution, which the State Department led the effort on in
Vienna, includes the previously unreportable pharmaceutical
preparations. I say unreportable, because under the 1988 Vienna
Convention, pharmaceutical preparations were not included. And
the resolution calls for more information sharing with affected
countries beyond just those at the direct shipment point.
Other good news is that our friends in Mexico have set new
quotas on the importation of pseudoephedrine, and they have
reduced their legal imports this year by 53 percent--from 150
tons, to 70 tons. But the meth trafficking problem is ever
evolving, and we are anticipating new trends. A few years ago,
DEA enforcement efforts, such as Operations Mountain Express
and its series of three of those, including Operation Northern
Star, essentially stopped Canadian pseudoephedrine from
reaching superlabs in the United States. It is because of those
four series of operations, that we saw the 87 percent decrease
in domestic superlab seizures from 2001 to 2005. But when we
start to see the results of the new strategy with Mexico, what
we are concerned about is that traffickers will feel the pinch
of those positive results, and could easily shift back to
Canada. Especially because entrenched Asian organized crime
gangs in that nation have demonstrated the capacity and have
built the distribution networks necessary to take over
methamphetamine production and sales. This means that our
success in Mexico, when that occurs, should only make us more
vigilant on the broader international front.
The meth problem, as I illustrated earlier, is much bigger
than just Mexico, and it requires the global effort that we've
all undertaken to combat it at every turn. As we speak, the
brave men and women of the Drug Enforcement Administration are
fighting meth around the globe and working to move meth's
chemical ingredients even farther from the hands of
manufacturers. DEA will continue to work with our international
partners and build those relationships so that, together, we
can wage the battle both at home and abroad to protect our
Nation from this dangerous drug.
Thank you very much.
[The written statement of Ms. Tandy follows:]
Prepared Statement of Hon. Karen P. Tandy, Administrator, Drug
Enforcement Administration, Department of Justice, Washington, DC
introduction
Chairman Hagel, Chairman Coleman, Senator Sarbanes, Senator Dodd,
and distinguished members of the Senate Foreign Relations Committee, on
behalf of the Drug Enforcement Administration (DEA), I appreciate your
invitation to testify today regarding DEA's efforts to combat the
international trafficking of methamphetamine.
overview
Methamphetamine poses a unique and significant threat to the United
States. Methamphetamine is unique in that it is a synthetic drug, it is
not dependent on cultivation of a crop, its production requires no
specialized skill or training, and its precursor chemicals have
historically been easy to obtain and inexpensive to purchase. These
factors have contributed to methamphetamine's rapid sweep across our
Nation. This drug is a threat because it is powerfully addictive to
those who use it, and because it can cause harm even to those who are
not involved in its use or distribution. Those who suffer the ``second
hand'' effects of methamphetamine include the victims of
methamphetamine-related crimes, innocent children whose homes have been
turned into clandestine lab sites, law enforcement officers that work
with the hazardous materials found at lab sites, and the environment
from the 5 to 6 pounds of toxic waste produced for every pound of
methamphetamine cooked. Methamphetamine has not only left a mark on the
United States, but continues to be a significant problem in Asia and is
increasingly becoming a problem in other parts of the world.
Methamphetamine also presents a dual threat to law enforcement
authorities. They must simultaneously combat both small toxic labs
(STLs), which have spread across much of our Nation, and ``superlabs,''
which are primarily controlled by Mexican drug trafficking
organizations and are supplying the majority of the methamphetamine
consumed in this country. The critical tool in combating both of these
types of labs is the control of methamphetamine's primary precursor
chemicals: ephedrine, pseudoephedrine, and phenylpropanolamine.\1\
---------------------------------------------------------------------------
\1\ Phenylpropanolamine is a precursor chemical for amphetamine,
rather than methamphetamine, although the production process is
essentially identical.
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In response to the threat posed by methamphetamine, the DEA
continues to aggressively combat this drug through our domestic and
international enforcement efforts. Domestically, law enforcement
efforts have been aided by State and Federal legislation placing
restrictions on the sale of methamphetamine's precursor chemicals. Of
note, the recent passage of the reauthorization of the USA PATRIOT Act
(particularly Title VII, the ``Combat Methamphetamine Epidemic Act of
2005'') has provided important additional tools to enhance law
enforcement efforts, both domestically and internationally.
The DEA, through our law enforcement partnerships across the
country and around the world, has initiated successful investigations
that have disrupted and dismantled significant methamphetamine
trafficking organizations. We also have taken an active role in
fighting the diversion of methamphetamine's key ingredients, ephedrine
and pseudoephedrine. These efforts, through both enforcement and
international agreements, have resulted in a substantial reduction in
the amount of precursor chemicals entering the United States. However,
with this success, we have seen an increase in the flow of these
precursor chemicals to Mexico, and an increase in the trafficking of
finished meth across the southwest border into the United States.
In addition, the Department of Justice, with the help of Federal,
State, and local law enforcement, has been committed to prosecuting
methamphetamine traffickers. Over the past 5 years, data shows there
has been an increase in the number of methamphetamine defendants
charged by U.S. Attorneys' offices and sentenced by U.S. District
Courts. U.S. Attorney case data shows a 34 percent increase \2\ in the
number of defendants charged over the past 5 years. Data from the
Sentencing Commission also shows a similar significant increase,
finding a 42 percent increase \3\ in the number of defendants sentenced
over the past 5 years.
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\2\ There were 5,120 defendants charged in fiscal year 2005,
compared to 3,815 defendants charged in fiscal year 2001.
\3\ There were 4,839 defendants sentenced in fiscal year 2005
(including both Pre-Booker and Post-Booker cases), compared to 3,414
defendants sentenced in fiscal year 2001.
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methamphetamine--threat assessment
Methamphetamine consumed in the United States originates from two
general sources, controlled by two distinct groups. Most of the
methamphetamine consumed in the United States is produced by Mexico-
based and California-based Mexican traffickers. These drug trafficking
organizations control ``superlabs'' (a laboratory capable of producing
10 pounds or more of methamphetamine within a single production cycle),
and have distribution networks throughout the United States, as well as
access to drug transportation routes to smuggle the methamphetamine
from Mexico into the United States. Current drug lab seizure data
suggests that roughly 80 percent of the methamphetamine used in the
United States comes from these larger labs, which are increasingly
found in Mexico.
These same Mexican criminal organizations control most mid-level
and retail methamphetamine distribution in the Pacific, southwest, and
west-central regions of the United States, as well as much of the
distribution in the Great Lakes and southeast regions.
The second source for methamphetamine used in this country comes
from small toxic labs (STLs). These STLs produce relatively small
amounts of methamphetamine and are generally not affiliated with major
trafficking organizations. Currently, DEA estimates that STLs are
responsible for approximately 20 percent of the methamphetamine
consumed in this country. Initially found only in most Western States,
over the past 10 years there has been an eastward expansion of STLs
across the United States. A number of factors have served as catalysts
for the spread, including the presence of ``recipes'' easily accessible
over the Internet, ingredients needed to produce methamphetamine which
were available in many over-the-counter cold medications and common
household products found at retail stores, coupled with the relatively
simple process involved to manufacture methamphetamine. Today, thanks
in large part to the legislative restrictions placed on the sales of
methamphetamine precursor chemicals, the DEA expects to see a
significant decrease in the number of STLs found this year.
The manufacture and use of methamphetamine is not a problem
confined to the United States, but one that has spread to many regions
of the world. In fact, the International Narcotics Control Board (INCB)
noted in its 2005 report ``Precursors and Chemicals Frequently Used in
the Illicit Manufacture of Narcotic Drugs and Psychotropic
Substances,'' that the illicit manufacture of methamphetamine is
spreading throughout the world at an alarming rate. Globally, the
number of users of amphetamine-type stimulants--a majority of which use
methamphetamine--outnumber cocaine and heroin users combined.
Specifically, the INCB indicated that the illicit manufacture of
amphetamine-type stimulants (ATS),\4\ and of methamphetamine in
particular, is spreading in North America and Southeast Asia, but also
increasingly to other areas such as Africa, Eastern Europe, and
Oceania. There are an estimated 26.2 million ATS users in the world,
compared to an estimated 13.7 million cocaine users and 10.6 heroin
users. The report further stated that the spread of methamphetamine is
due to the simple manufacturing process and the availability of the
required precursors.
---------------------------------------------------------------------------
\4\ In Europe and Asia the term ``amphetamine-type stimulants'' is
used rather than a specific reference to methamphetamine. The term ATS
includes the following: amphetamine, methamphetamine, and MDMA
(Ecstasy), and its analogues. This term is also used by the United
Nations.
---------------------------------------------------------------------------
the dea's enforcement efforts
The DEA believes that international cooperation is the key in
combating methamphetamine. Some of the most significant and successful
international efforts to combat methamphetamine involve a series of
enforcement initiatives worked jointly between law enforcement in the
United States and Canada from the late 1990s into 2003. These
enforcement initiatives, known as Operations Mountain Express I, II and
III, and Operation Northern Star, were principally responsible for the
significant reduction in the amount of pseudoephedrine entering the
United States for use in Mexican-controlled superlabs. In turn, most of
the superlabs and the pseudoephedrine needed for them moved from the
United States to Mexico.
DEA's longstanding enforcement efforts against methamphetamine
include utilizing the Consolidated Priority Organization Targets
(CPOTs) List, the Priority Target Organization (PTO) program, and the
Organized Crime Drug Enforcement Task Force (OCDETF) program. The
programs all provide assistance in identifying and targeting the most
significant methamphetamine trafficking organizations, with the intent
to disrupt and dismantle the organizations.
The fiscal year 2006 CPOT list has identified 8 of the 46
designated organizations as being engaged in methamphetamine
trafficking--7 of these 8 are Mexican CPOT targets. At the end of the
second quarter of fiscal year 2006, the DEA had 149 active PTO
investigations linked to those 7 CPOTs, of which 28 were active PTO
investigations with methamphetamine as the primary type of drug. Since
the inception of the PTO program in 2001, the DEA has either disrupted
or dismantled more than 460 PTOs, where methamphetamine was the primary
drug involved.
To enhance our international efforts to combat this drug, DEA has
assigned diversion investigators (DIs) to a number of our foreign
offices. These DIs, through their knowledge of pharmaceuticals and
chemicals, play a critical role in preventing the diversion of List I
chemicals which are used in the manufacture of methamphetamine and of
pharmaceutical controlled substances. The DIs coordinate with foreign
host country counterparts to establish effective systems of chemical
controls and to ensure that customers in foreign countries receiving
U.S. exports of pharmaceutically controlled substances are in fact
legitimate companies. Foreign-based diversion investigators were
intricately involved in two DEA operations in Hong Kong and Mexico run
under the auspices of Project Prism that resulted in significant
seizures of pseudoephedrine.
In addition to these DEA-specific activities, the DEA works
internationally though a variety of existing international efforts.
Project Prism is an international initiative aimed at assisting
governments in developing and implementing operating procedures to
control and more effectively monitor trade in ATS precursors to prevent
their diversion. There are currently 95 countries and 5 international
organizations participating in this initiative. Since March 2004,
Project Prism has used pre-export notifications to monitor shipments of
ephedrine, pseudoephedrine, pharmaceutical preparations containing
ephedrine or pseudoephedrine, phenyl-2-propanone, and 3,4-
methylenedioxyphenyl-2-propanone. Under Project Prism (through the end
of 2005), over 5 metric tons of 60 milligram tablets of pseudoephedrine
were seized in the United States, Mexico, and Panama. These
pseudoephedrine tablets could have produced over 3 metric tons of
methamphetamine (at a 60 percent conversion rate).
The fiscal year 2006 Department of Justice Appropriations Act
directs the Attorney General to establish a Methamphetamine Task Force
(MTF) within DEA. The purpose of the Task Force is to improve and
target the Federal Government's policies on production and trafficking
of methamphetamine. The MTF is comprised of three DEA special agents,
two diversion investigators, three attorneys, and one program analyst.
These are veteran personnel with extensive experience and knowledge in
the field who will collect and analyze investigative and intelligence
information from numerous sources. Their analysis will focus on trends
in chemical trafficking and manufacturing methods, changes in
trafficking routes and patterns, and regional abuse and distribution
patterns. While DEA continues to aggressively target the flow of
foreign and domestic precursor sources and smuggling efforts, to
include methods of financing, the MTF will review DEA enforcement
efforts with an eye toward identifying new trends. In addition, the MTF
will be involved in chemical and equipment sources, methods of
procurement, and clandestine laboratory clean-up issues. Another aspect
of the MTF's duties will be making recommendations addressing issues
that are identified from their analysis. These recommendations
ultimately will be forwarded to the National Synthetic Drugs
Interagency Working Group for review and action.
The DEA also continues its work to ensure that only legitimate
businesses with adequate chemical controls are licensed to handle bulk
pseudoephedrine and ephedrine in the United States. In the past 7
years, over 2,000 chemical registrants have been denied, surrendered,
or withdrawn their registrations or applications as a result of DEA
investigations. We investigated the adequacy of their security
safeguards to prevent the diversion of chemicals to the illicit market,
and audited their recordkeeping to ensure compliance with Federal
regulations. In addition to an initial on-site inspection, DEA
diversion investigators, between 2001 and 2005, have physically
reinspected nearly 75 percent of the 3,000 chemical registrants at
their place of business.
the international control of precursor chemicals
With the increase in the diversion of precursor chemicals and the
corresponding need for closer monitoring of chemical shipments, certain
foreign governments in chemical source countries require a permit or
written authorization from an importing country's government stating
the legitimacy of the transaction. Under Federal law, the DEA must be
notified only if an ephedrine or pseudoephedrine product is destined
for, or will transit through, the United States. But the legal and
regulatory tools to limit imports and after-import distribution were
relatively insufficient. Moreover, the prevailing interpretation of the
1988 United Nation's Convention that controls chemicals exempts most
finished pharmaceutical products containing pseudoephedrine in
combination with other ingredients by allowing them to be shipped in
international commerce without prenotification--a loophole that
continues to be exploited by drug traffickers. These pharmaceutical
preparations contain pseudoephedrine and are used in the manufacture of
methamphetamine. Since modification of the 1988 U.N. Convention is
unrealistic, the United States, along with a number of our
counterparts, has been working to gain international support for
voluntary international cooperation to prenotify shipments of these
products. These efforts are being pursued by the United States through
the drug control commission of the Organization of American States
(CICAD), through the U.N. Commission on Narcotic Drugs, and bilaterally
with selected nations.
Until passage of the Combat Methamphetamine Epidemic Act of 2005,
United States law did not involve a permit-based system. Any company
that imported or exported ephedrine, pseudoephedrine, or
phenylpropanolamine was required to notify the DEA of the transaction.
This was not a permit for the transaction but rather a declaration that
the transaction would take place. In other countries, companies must
obtain a permit before importing or exporting regulated chemicals.
The 1988 U.N. Convention recommended that countries implement a
permit system for chemical imports and exports, (paragraph 8(b)(iii)),
and some countries (e.g., Germany, China, and India) have implemented
this system. Other countries consider chemicals such as pseudoephedrine
to be pharmaceutical drugs and therefore issue permits for their import
and export.
The Combat Methamphetamine Epidemic Act makes it unlawful to import
into the United States ephedrine, pseudoephedrine, and
phenylpropanolamine except as DEA, by delegation, finds to be necessary
to provide for medical, scientific, or other legitimate purposes. DEA
is working to implement this system through the promulgation of
regulations. This system, in conjunction with a system of quotas for
ephedrine, pseudoephedrine, and phenylpropanolamine also established by
the Combat Methamphetamine Epidemic Act of 2005, will provide greater
control over the importation and distribution of these three chemicals.
international cooperation
International cooperation is key in combating methamphetamine and
its precursor chemicals.\5\ The DEA has had the lead for the United
States in working with our Mexican counterparts to combat
methamphetamine. This cooperative effort extends into several areas of
support. Since 2001, the DEA has provided training to our Mexican
counterparts regarding clandestine laboratories, chemical training, and
prosecution. Training has been provided to officials who regulate
precursor chemicals and pharmaceuticals at the state and Federal level
within Mexico, as well as agents from the Agencia Federal de
Investigaciones (AFI) and a number of prosecutors within the Mexican
Organized Crime Unit (SIEDO). Over 450 students have received training
through this cooperative effort.
---------------------------------------------------------------------------
\5\ One of the most significant and successful international
efforts to combat methamphetamine's precursor chemicals involved a
series of enforcement initiatives worked jointly between law
enforcement in the United States and Canada from the late 1990s into
2003. These enforcement initiatives, known as Operations Mountain
Express I, II and III, and Operation Northern Star, were principally
responsible for the significant reduction in the amount of
pseudoephedrine entering the United States for use in Mexican
controlled superlabs. In turn, most of these superlabs and the
pseudoephedrine required for the labs to produce methamphetamine moved
from the United States to Mexico.
---------------------------------------------------------------------------
In addition, the United States and Mexico have jointly obtained a
commitment from Hong Kong not to ship chemicals to the United States,
Mexico, or Panama until receiving an import permit or equivalent
documentation and giving prior notification to the receiving country
before shipment. If suspect shipments can be identified before they
arrive in Mexico, it is easier for law enforcement to take effective
action by either attempting to seize the shipment or by conducting a
controlled delivery of the chemicals in order to identify the
traffickers and the shipment's ultimate destination.
Mexico has independently implemented several important voluntary
controls on pseudoephedrine in cooperation with the industry, and is
considering others. Those implemented now, or planned soon, include
limiting retail sales to pharmacies; limiting sales quantities to three
boxes of approximately 9 grams total; and distributors voluntarily
agreeing to limit sales to customers with appropriate government
registrations (pharmacies) and with legitimate commercial needs.
Additionally, Mexico recently imposed a policy limiting imports of
pseudoephedrine and ephedrine to manufacturers only, and limits
importers to shipments of no more than 3 metric tons at a time.
Wholesale distributors are barred from importing raw material
pseudoephedrine and ephedrine. These importation restrictions have been
coupled with recently imposed import quotas tied to estimates of
national needs, which are based on extrapolations from a large
population sample. Through a study, The Federal Commission for the
Protection against Sanitary Risk (COFEPRIS) revealed that there is an
excess of imports of pseudoephedrine products of approximately 60 to
100 metric tons. This study showed that the highest peak of respiratory
diseases in Mexico was registered in 1999 with 29 million cases. That
year, pseudoephedrine imports accounted for approximately 55,000
kilograms. In 2003, there was a slight decrease of reported respiratory
diseases to approximately 27 million cases; however pseudoephedrine
imports increased to 159,000 kilograms. Equally, in 2004 there were 28
million respiratory cases compared with 216,000 kilograms of
pseudoephedrine imported. COFEPRIS determined that these imports were
not related to the epidemiological index. The DEA has been advised that
it is the Government of Mexico's intention to reduce pseudoephedrine
and ephedrine importation permits to 70 tons in 2006. These permits are
to be split evenly among the Mexican-based pharmaceutical manufacturing
companies. This is a significant reduction from the 2005
pseudoephedrine and ephedrine importation levels. Mexican officials
have further advised that this 70 ton limit also applies to combination
products containing pseudoephedrine and/or ephedrine.
Mexico's efforts to control methamphetamine precursor chemicals
have not been limited to regulatory actions. An example of Mexico's
pseudoephedrine interdiction efforts occurred during December 2005,
when approximately 3.2 metric tons (approx. 5.1 million pseudoephedrine
combination tablets) of pseudoephedrine were seized by Mexican
authorities in the Port of Manzanillo, Mexico. The tablets were
concealed within a shipment of electric fans, which were packaged in
approximately 1,260 boxes. During the follow-up joint investigation
conducted by DEA and the Hong Kong Customs and Excise Department,
officials disclosed that the shipment of electric fans containing the
tablets originated in mainland China and transited one of the mainland
China/Hong Kong border crossings before being loaded on a marine vessel
en route to Mexico.
In addition to these efforts with Mexico, the DEA, operating under
the auspices of Project Prism, hosted a meeting in February in Hong
Kong for law enforcement and regulatory officials from countries that
produce ATS precursor chemicals. The purpose of this meeting was to
develop and enhance systems for voluntary cooperation in data
collection to build a consensus toward exchange of information on
pharmaceutical preparations containing ephedrine and pseudoephedrine as
well as bulk precursors. This was the first time that almost all of the
countries that produce these chemicals and those countries affected by
methamphetamine have sat down together to discuss this problem.
While there were some differences of opinion as to the manner and
channels in which information regarding the licit trade in these
substances should be exchanged, the communication that occurred between
countries attending the open forum meeting was encouraging. Although we
were disappointed that China chose not to send a delegation, the DEA,
in cooperation with the Department of State, will continue discussions
with all involved countries to determine the worldwide production of
these chemicals, identify producers and distributors, gain better
insight as to what form (bulk versus tablets) the chemicals are
manufactured and distributed at various stages, and learn where the
chemicals are destined. In fact, during the week of June 5, a
contingent from China came to DEA headquarters and met with high-level
officials in part, to discuss the many aspects involved in the
importation of these precursor chemicals.
The Hong Kong meeting also helped to lay a foundation for the
discussions and negotiation among concerned governments which led to
the passage of a resolution at the 49th Commission on Narcotic Drugs
(CND) in Vienna, Austria, in March of this year. The resolution,
entitled ``Strengthening Systems for Control of Precursor Chemicals
Used in the Manufacture of Synthetic Drugs,'' involves the
methamphetamine precursors previously mentioned, as well as
preparations containing these substances, and phenyl-2-propanone (P2P)
as well.
The resolution, which was adopted by the CND on March 15, 2006,
calls on U.N. member states to provide to the International Narcotics
Control Board (INCB) annual estimates of their legitimate requirements
for these substances, and preparations containing these substances, and
to ensure that its imports of these substances are commensurate with
their respective nation's legitimate needs. It is anticipated that the
legitimate requirements estimates provided to the INCB will be
published in their annual precursor report, the next of which is
scheduled to be released in March 2007.
The resolution also urges countries to continue to provide to the
INCB, subject to their national legislation and taking care not to
impede legitimate international commerce, information on all shipments
of these substances, to include pharmaceutical preparations. Finally,
the resolution requests countries grant permission to the INCB to share
the shipment information on these consignments with concerned law
enforcement and regulatory authorities to prevent or interdict diverted
shipments. At present, DEA, as a member of the Project Prism task
force, is working with the task force to come up with an initial
initiative to address some of our specific concerns regarding the flow
of these important precursors to the Western Hemisphere.
While this resolution is an important first step, it will take
several years to be fully implemented. Its success will depend upon our
ability to obtain additional information from the INCB, which is
contingent upon nations providing the information requested pursuant to
the resolution.
recent developments
At the National Methamphetamine and Chemicals Initiative (NMCI)
Strategy Conference in Dallas last month, Attorney General Gonzales
announced important new anti-methamphetamine domestic initiatives as
well as new partnerships between the United States and Mexico in
fighting methamphetamine trafficking. Joined by Mexican Attorney
General, Daniel Cabeza De Vaca, Attorney General Gonzales unveiled
several Department of Justice-led initiatives aimed at improved
enforcement, increased law enforcement training, improved information-
sharing, and increasing public awareness.
Among the United States-Mexico partnership efforts is an agreement
between DEA and the Government of Mexico to establish specialized
methamphetamine enforcement teams on both sides of the border. In
Mexico, these teams will focus on investigating and targeting the most
wanted Mexican methamphetamine drug trafficking organizations, while
DEA-led efforts on the United States side will focus on the
methamphetamine traffickers and organizations transporting and
distributing the methamphetamine that was produced in Mexico.
Other initiatives that are part of the United States-Mexico
partnership include:
A new DEA and U.S. Customs and Border Protection Service
effort to focus on ports of interest within the United States
and target suspicious cargo that is likely to be related to
methamphetamine trafficking organizations;
A binational Law Enforcement Working Group that will focus
on methamphetamine production and trafficking from both an
enforcement and intelligence perspective;
A DEA and Mexican CENAPI effort to further share
intelligence information and continue to develop stronger
working relationships. Such collaborative efforts will focus on
investigating large-scale meth trafficking organizations that
are operating in Mexico and the United States.
A ``Most Wanted Methamphetamine and Chemical Drug
Trafficking Organization List'' jointly developed by DEA and
Mexican police. The list will focus bilateral law enforcement
efforts on the most significant threats;
An agreement between the DEA Office of Diversion Control and
Mexico's chemical regulatory agency, COFEPRIS, to a personnel
exchange in which chemical regulatory experts from within each
agency will be embedded within the other's agency for a
specific period to observe, learn best practices, and then
implement joint strategies complimentary to both regulatory
agencies;
The transfer of eight DEA trucks used in clandestine lab
enforcement operations that have been refurbished and donated
to Mexico to be used by specialized Mexican methamphetamine
enforcement teams; and
A new DEA-led training effort for nearly 1,000 Mexican
police officials to focus on a variety of investigative,
enforcement, and regulatory methods related to methamphetamine
trafficking which is being funded by the Department of State's
(DOS) Bureau for International Narcotics and Law Enforcement
Affairs (INL).
Domestically, as part of this announcement, the DEA is expanding
the primary focus of our clandestine lab enforcement teams. The
significant reduction in the number of domestic small toxic labs this
year, due in large part to recent legislation restricting access to
methamphetamine precursor chemicals, will allow these teams to expand
their efforts beyond dismantling methamphetamine labs to also include
the targeting Mexican methamphetamine trafficking organizations. These
DEA clandestine lab teams will use their lab expertise to trace
chemicals, finished methamphetamine, and drug proceeds to drug
trafficking organizations in the United States and Mexico. These teams
also will work to identify and dismantle U.S.-based methamphetamine
transportation and distribution cells.
Other DEA domestic initiatives include creating a national listing
on the DEA Web site of the addresses of properties in which
methamphetamine labs or chemical dumpsites have been found. The
registry will provide information for owners or renters that a property
has been used to produce methamphetamine, as a public service alert
that there may be potential toxic hazards within the property, if not
rendered safe by clean-up efforts.
In addition, a new clandestine lab training facility at the DEA
Academy in Quantico, VA, will be established in the fall of 2006. At
this facility, DEA will train United States and foreign law enforcement
officials on the latest techniques in clandestine lab detection,
enforcement, and safety in a state-of-the-art facility.
As stated by Attorney General Gonzales at the NMCI conference last
month, ``These initiatives represent a policy of true mutual
cooperation that will put methamphetamine use and all its horrors
firmly on the road to extinction. If we work together, sharing
resources and intelligence, the law enforcement agencies of both the
United States and Mexico will be able to better attack the meth problem
at every stage in the production and distribution chain.''
new tools in the fight against methamphetamine
Many states have enacted various types of legislation to control
the sale of pseudoephedrine. With the recent passage of the Combat
Methamphetamine Epidemic Elimination Act of 2005, the combination of
State and Federal legislation has begun to have some effect. Although
the overall number of STLs in the United States is decreasing, the
demand for methamphetamine has not diminished. DEA will continue to use
the additional tools we have been given to address both domestic and
international components in this battle.
In an effort to provide further information to America's youth
about the dangers of methamphetamine, the DEA developed and launched a
Web site entitled ``justthinktwice.com.'' This Web site is devoted to
and designed by teenagers to give them the hard facts about
methamphetamine and other illicit drugs. Through this Web site, the DEA
is telling teens to ``think twice'' about what they hear from friends,
popular culture, and adults who advocate drug legalization. Information
is also provided regarding the harm drugs cause to their health, their
families, the environment, and to innocent bystanders.
Internationally, the Combat Methamphetamine Epidemic Act of 2005
will expand the notice of importation to include all information known
to the importer on the chain of distribution. If it is determined that
the importer is refusing to cooperate in providing such information, or
DEA has concerns about the downstream customer, the DEA may issue an
order prohibiting the importation of Scheduled Listed Chemical Products
(SLCP). Further, the Act requires the DOS to identify the five largest
exporting countries and the five largest importing countries with the
highest diversion of SLCPs and provide an economic analysis of
worldwide production as compared to legitimate demand. Combined with
the other measures of the Act which provide for the domestic regulation
of precursor chemicals, the Combat Methamphetamine Epidemic Act of 2005
provides effective new tools to use in the battle against
methamphetamine.
conclusion
The DEA continues to fight methamphetamine on all fronts. Our
enforcement efforts are focused on disrupting and dismantling the
highest level methamphetamine trafficking organizations operating on
both a domestic and international level. DEA enforcement and diversion
initiatives involve not just the ``finished product,'' but also the
precursor chemicals necessary to produce this poison. To further
enhance our efforts, the DEA has initiated an internal methamphetamine
task force, which will help coordinate our overall efforts to combat
this drug.
As the international threat of methamphetamine spreads, cooperative
efforts among nations become vital. Cooperative efforts and initiatives
to combat methamphetamine production and control chemical shipments on
an international scale are critical to DEA's ability to combat
methamphetamine trafficking in the United States.
Thank you for the opportunity to appear before you today to discuss
this important issue. I will be happy to answer any questions that you
may have.
Senator Coleman. Thank you very much, Director Tandy.
Senator Hagel.
Senator Hagel. Thank you all three, for your testimony and
your leadership and efforts to deal with one of our society's
great scourges. I would address this question to each of you.
Where have we been most successful at disrupting the
international production and trafficking of meth? Mr. Walters.
Mr. Walters. Well, I think, so far as the international
side, Canada. All these have a similar theme as you heard, it's
the precursor. Cut off the precursor, you reduce the
availability. Canada, as Administrator Tandy pointed out, went
from big supplier--in 2000 they were importing 500 metric tons
of pseudoephedrine, 2004, 50 metric tons. They got control, we
changed the web line on that chart of superlabs. That precursor
that was coming here to fund criminal labs here went down
dramatically.
Senator Hagel. Where would you say, and I'll ask each of
you this second question as well, where were we least
successful?
Mr. Walters. So far we have not, I think, been able to see
the same kind of declines in the meth coming from Mexico. While
the Mexicans have done some important things, they're now, as
was also mentioned, I think, reducing legal imports of
pseudoephedrine as Canada did. We still see supplies coming up
from Mexico, the organizations have been able to kind of move
some of the distribution back there. But, as I said, and I
think we've all indicated, the Mexican Government has been
uniquely cooperative in this effort and we're hopeful that
we're going to be able to make progress in that realm too.
It is a global problem, and we'll have to make sure we
follow up. But we now have some tools to go to the three supply
companies, and there are agreements now to track worldwide
movements, so that if we can make those work, you can't just
bounce them off of other countries in order to circumvent this.
Again, it will be possible to move some of the product, but we
have the problem we do because massive amounts of this product
are moved. So if we can cut that down by 50 percent, there'll
be thousands of lives saved.
Senator Hagel. Secretary Patterson, would you like to add
anything?
Secretary Patterson. Mr. Chairman, while I certainly agree
with Director Walters, we should realize too that Mexico is the
source, overwhelmingly, the main source for every other illegal
drug that comes in to this country, opium, cocaine, and
marijuana. So we shouldn't underestimate the difficulty
although we've made progress in methamphetamine precursors in
the past year.
Senator Hagel. Thank you. Director Tandy.
Ms. Tandy. As I mentioned in my opening statement, it's all
about the chemicals. Our greatest success has been where we
have been able to, as we did with Hong Kong, Mexico, and
Panama, broker a multilateral agreement where any shipments of
the chemicals, no matter what form, would be accompanied
beforehand with notification to the receiving country, in this
case Mexico or Panama, so that the receiving country could then
investigate the shipment recipient in their country and
determine whether they have the legitimate need for the
precursor chemicals. And then, at that point, deny the
shipment, if there is no legitimate purpose for the shipment. I
think the results from that multilateral agreement demonstrate
the real success to those types of international information
sharing exchanges and partnerships.
When that agreement was put in place, and the
prenotification of shipments followed from that, there were
seizures of at least 5 metric tons of pseudoephedrine. That 5
metric tons, the combined seizures, would have produced
substantial quantities, metric tons, at least 3 metric tons of
finished meth had they reached their destination. Those
countries were not required to exchange that information, and I
think that's critical. In the United Nations' collective body,
the resolution that was just passed attempted to overcome a
failing in the 1988 convention. In that convention,
pseudoephedrine tablets were exempted. So there's no
requirement for any member of the Vienna Convention to give
that kind of notification, or indeed, that information to the
United Nations controlling body.
The resolution, and the Hong Kong meeting that DEA hosted
before that, attempted to turn that picture around without
having to go back and renegotiate the 1988 convention. I have
to note, the 1988 convention is a very powerful and successful
convention which the United States is a signatory to, therefore
it's a treaty for us. There are 176 countries that have
ratified it since 1988, there are still 16 who have not yet
completed the ratification which is why we can't go back and
open the 1988 convention. The resolution that the State
Department represented the United States in passing in March in
Vienna, was an attempt to deal with pharmaceutical
preparations, these pseudoephedrine tablets, if you will; to
get the countries, through a resolution, to start sharing that
information more openly with other countries, and most
importantly, to be required to report it.
The resolution is a step in that direction, but
unfortunately, it is voluntary, it is not required. So when you
ask me where our greatest success is, our greatest success is
when it gets reported. Our least success, has been
unfortunately, so far, the lack of mandatory reporting
requirements for all of these international countries involving
what is exempt under the Vienna convention, the pseudoephedrine
tablets.
Thank you.
Senator Hagel. Do you believe the last point you made is a
result of a lack of emphasis, focus of resources as to why you
aren't doing this?
Ms. Tandy. I asked that same question to the experts in
DEA. And we have wonderful experts in DEA. About 10 percent of
my workforce is located in foreign countries. We have the
largest foreign law enforcement presence, so we have great
capacity out there building international partnerships. So I
asked the question, and I was told that the reason for the
reluctance, generally speaking, has more to do with the fact
that this information is more considered trade protected
information than it is directly an issue involving
methamphetamine.
Senator Hagel. Thank you. Secretary Patterson, you alluded
to this briefly, and this is the question, what have you
learned about international trafficking organizations from the
fight against other drugs like cocaine over the years? And I'll
ask each of you that question. Secretary Patterson.
Secretary Patterson. We've learned that this is an
extraordinarily difficult thing to confront. And in Mexico,
what we're seeing is some specialization of the Mexican cartels
in meth products, but we're also seeing the traditional Mexican
trafficking organizations basically expand their inventories
and their product line and move this meth into the States
through their established distribution networks. So it's going
to be extremely hard and the key here, I think, will be to
strengthen both the 200-mile border, the southwest border with
the United States and then to also strengthen the border in the
southern part of Mexico where actually there are very
significant joint points coming in from both Belize and
Guatemala, and we are working on projects that will do that.
Senator Hagel. Thank you. Mr. Walters.
Mr. Walters. I would take one step back and say that what
we've learned in part is that we have to have a balance of
going after demand and supply. Drug trafficking business
depends on addiction. We count the number of people who use,
but 80 percent of those people are for most drugs, not
dependent. They use about 20-30 percent of the quantity. The
business of drug trafficking, whatever drug you want, depends
on addicting people over time and then having them consume the
large volumes that make the dollars work for traffickers.
When we use things like drug courts, when people whose
lives fall apart come into the criminal justice system and get
them treatment, when we help to strengthen the efforts in our
healthcare and education systems to intervene with people
before they start, that's important because these flows require
the dollars to keep that cycle going on the trafficking side.
To attack these particular organizations, I think what
we've learned, what we've tried to incorporate with my
colleagues here who are taking the lead now is that these are
businesses, and the different subsets have different
vulnerabilities. What we've tried to learn is how to exploit
these vulnerabilities. We're talking a lot here about the
precursor chemicals here because we've seen those are an
exploitable choke point for this particular phenomenon. Now,
it's not easy, as you see with this effort at global measures,
but that's a choke point. In other cases, we have used
interdiction, we have sued going after money, we have used
going after key individuals, we've used going after their
communications, or in some cases other processing chemicals to
attack them. Now, they do make adjustments over time, but our
ability, as with the war on terror, to use precise information
about what's happening to monitor their change and to follow
through on things, is critical. The drug problem has in part
remained the size it has because we've had the tendency to pay
attention for a while, do some good, stop, drop back, and then
it sometimes comes back on us or sometimes comes back in a form
it takes us a while to recognize.
I would say with meth, one thing that didn't happen with
other drugs--Monday was the anniversary of Len Bias' death 20
years ago--at that time we had a lot of foolish notions in this
country about cocaine that Len Bias' death woke us up to. It's
not fun, it's not safe, it's not okay. We don't have that with
meth. Here I would say the media has been very good at not
glamorizing, showing the harsh reality, showing it comes to
your community, that's an important dimension on, I think,
galvanizing communities against it. But it also means we have
to follow through on that. And now we see the international
dimension of this.
With Ecstasy, as you see I put up a chart about youth drug
use. Over the 4 years, we've had a 20 percent overall decline,
Ecstasy has gone down 60 percent. We had that kind of
glamorization with Ecstasy in 2001. We put out information
through the money you gave us in our youth media campaign
saying it can kill you. So we helped on the demand side, but we
also had enormous successes with DEA and cooperation with the
Dutch and Belgian Governments going after supply. Ecstasy use
over that period is down 60 percent. We effectively go after
both supply and demand, we can see quite dramatic changes quite
rapidly.
You see some of this happening with the workplace testing
figures in the small toxic labs. We don't have to be victims of
this problem where we can identify key choke points and
pressure points that we drive hard and use to our benefit.
Chairman Hagel. Thank you. Ms. Tandy.
Ms. Tandy. Thank you. I agree with my colleagues on the
panel, and I would just add that for the Drug Enforcement
Administration, these Mexican trafficking organizations, in
particular, are very difficult to penetrate, very difficult to
take down for a variety of reasons. Doing that, and hitting the
chokeholds that these organizations have along the way in their
movement of drugs to the United States, is absolutely critical.
The most important focus for DEA is going after the revenue,
going after the money that these organizations are plowing back
into the systems that they launder the money and use and invest
it outside the United States.
The typical Mexican trafficking organizations that we have
seen with other drugs, they have expanded their product line as
has been noted in the testimony, and it includes meth now and
increasingly so. That is why Mexico, our counterparts in
Mexico, and DEA and the officials at this table have banded
together. And we are sharing information so that we come up
with a joint list of the organizations in Mexico that are doing
possible trafficking of methamphetamine, that that shared
information, and now shared enforcement efforts and shared
resources, we'll attack their lines both from the command
control in Mexico, to the smuggling and the domestic
distribution lines.
In addition, there is a list that is an existing most-
wanted drug trafficking organization list known as the CPOT
list. On that list there are currently 44 organizations listed
not just for meth, but for all drugs. And of those 44 CPOT
most-wanted trafficking organizations, 7 of them are involved
in methamphetamine. The focus on meth, the singular focus on
meth, from intelligence to denying the revenue from the
trafficking in meth, to shutting down the cell heads and
distribution points, is what will be critical in making
additional inroads along with the control of chemicals to
reduce the supply of meth in this country. Because, as you both
have noted, the supply is still there. The removal, the
reduction, the significant reduction of the mom-and-pop labs is
a huge benefit to us in terms of reducing the toxic waste dump
and protecting children, but the use is still there although
declining.
It is up to us on the international front with both these
drug trafficking organizations and the chemical control to
drive home the rest of that formula for success.
Senator Hagel. Thank you. Chairman Coleman.
Senator Coleman. Thank you. Director Tandy, let me follow
up on the 1988 loophole in the U.N. convention. Is there
anything that we in Congress can be doing? You made it very
clear, success is where we get cooperation, and failure is
where we're not. It's still not mandated, required. What can we
do in Congress to speed up this process where we get full
implementation of what you worked out at Vienna?
Ms. Tandy. I'm deferring this to Ambassador Patterson. This
is actually a State Department area, but let me just add, from
the Drug Enforcement Administration, your support for DEA's
collaborative efforts with these countries is vital. We are in
these countries, we have established relations with our
counterparts in these countries. Sometimes, when you can't go a
treaty route, a cop-to-cop sharing of information can be just
as effective. Your support for our international work is vital
to our achieving that. Our ability to negotiate that
multilateral agreement with Hong Kong, Mexico, and Panama, made
a big difference from 5 metric tons of shipped pseudoephedrine.
After that agreement, I asked, over the past year, how many
more shipments after that? One. We went from 5 metric tons to a
single shipment since the agreement. And that was all cop-to-
cop in those countries.
Thank you.
Senator Coleman. Ambassador Patterson.
Ambassador Patterson. At this point, we don't think we can
secure mandatory reporting of pharmaceutical products, not the
least of which, we suspect, would be opposition to our own
pharmaceutical industry. But, we think, in a few months, that
we'll have a pretty good picture of the degree of voluntary
compliance with this. Probably by March or April, that's what
the INCB is telling us. Of course, a key element of this will
be the publication of legitimate demand by countries, which
will enable, for instance, if you see large swings in places
like South America where you have countries that are relatively
the same size, you'll know that you have a problem that
probably leads to the United States market. But give us a few
months on this and we'll come back to you, and we'll assess the
degree of voluntary compliance. Believe me, this has become a
very important agenda item in the Department. People are
pressing it at all levels, and we'll have a much better idea by
March or April of next year. Where Congress can have the
greatest impact is by fully funding the Department's fiscal
year 2007 INCLE request. While we have obligated $700,000 in
fiscal year 2006 funds to the INCB's precursor databank project
in order to support our CND resolution, we expect a continued
need in fiscal year 2007 and this request will help provide
additional United States contributions to the INCB.
Senator Coleman. You raised the issue of the pharmaceutical
industry. Can anyone talk about the cooperation domestically,
internationally? Are exporters of these drugs being held
accountable as to where they are going, tracking this stuff? It
would be interesting to get a sense of what the industry is
doing.
Ambassador Patterson. Well, the existing system under
Project Prism, which is lightly handled by DEA, does require
the reporting of pseudoephedrine and ephedrine. And that, yes,
I think, has been successful for several years. Last year they
had 2,000 notifications, and they picked up that shipments were
going to such pharmaceutical powerhouses as the Congo and
Belize. So there is an ability to see shipments once you have
data that they are surely headed for the illegal market. Now
we're working particularly with India to identify and help them
identify their own pharmaceutical producers.
Mr. Walters. Just so we're clear here. I could see three
dimensions that we could exploit here. One, the fact that there
is a limited number of producers of these chemicals in the
three countries involved. And they have some institutional
structures, obviously some more than others. And so we can look
at those sources and the manufacturing infrastructure there to
try to begin to get a sense of what's coming out. We have to
figure out what happens to it once its produced, that's the
secondary level. And as has been said here, I think we have two
fundamental directions we're going at, one is the kind of
general international agreement to track this and report
information, which is not mandatory, but which, because of the
urgency, we're seeing a fair amount of coming forward about.
But the second, as Administrator Tandy mentioned, is the
bilateral relationship we have with particular countries, even
countries that may even emerge as a kind of new diversion,
interim stop. We can go to them, and we can get more direct
quiet cooperation than we would get than we would get trying to
negotiate a global agreement that will get into a lot of
proprietary information. The problem is, as I hope we've made
clear, the bulk industrial quantities of these chemicals and
then the stuff that's pilled up in combination as already over-
the-counter remedies acetaminophen mixed with pseudoephedrine,
we know that if you buy a lot of these pills and just stick it
in water and let it soak for 72 hours, the different chemicals
will layer out and they can siphon it off. So we have to avoid
that diversion, which we've seen in other venues.
And the reason that commercial problem causes a loophole is
that, nobody thought when we had the convention that we would
have a retail level product being a serious drug problem. And
so it was not incorporated. We're trying to go back without
getting into the proprietary areas that are such a big part of
trade which you know can be obstacles. When we try to negotiate
open markets with others, they use these regulatory barriers
sometimes, and we have to be consistent in the way we apply
them. But, so far we've had remarkably good cooperation. In
fact, the law enforcement bilateral cooperation sometimes is
quite extensive.
Senator Coleman. One of the frustrations I have is that I
kind of look at this is almost a funnel kind of problem. We
have a narrow funnel, the beginning of where these drugs are
made, and then it kind of spreads out and it becomes more
difficult to put your arms around. On the domestic side, what
we did is, we said, fine, we're going to take the
pseudoephedrine and we're going to put it behind a counter,
we're going to hold people accountable. And it's had a huge
impact. And so I'm trying to think by analogy, is there
something we can do on the international level that either puts
it behind the counter, not literally, but somehow allows us to
have greater control at the outset. And what I'm hearing is
that there are proprietary and other economic factors that make
that difficult?
Mr. Walters. Well, there's one other thing that I think is
an enormously powerful tool that I think we're going to pursue,
which is the Nation setting licit consumption needs. All of a
sudden then, when Canada goes tenfold increase in
pseudoephedrine, we had some debates initially when people were
not wanting to come to grips with this, there has been a
massively successful marketing, it's a bigger product, there's
a bigger need, but then when you finally put the numbers down
and said, look, this doesn't make any sense, we got
cooperation. We took those illicit businesses down with the
help of the RCMP and DEA. That made an enormous change. So when
you begin to see what are legitimate needs, and sit down and
try to create estimates of different economic levels of
nations, what would be a legitimate consumption in the market.
So if we're producing in the world, hundreds of metric tons
more of these chemicals than the world can licitly consume, and
the production places are three countries, and the
infrastructure in those three countries, we do have a pressure
point here.
Senator Coleman. I would hope we could figure out a way to
really focus on that pressure point. Let me touch on one other
area of concern. Ambassador Patterson, at Colombia, we often
talk about the balloon effect, if we squeezed in one area, it
would have an impact on what's happening in Peru or Bolivia or
elsewhere. And I'm trying to get a sense of whether we have a
balloon effect here. I note that from 2000 to 2003 Argentina's
pseudoephedrine imports reportedly doubled, Colombia's tripled,
and Indonesia's rose tenfold. And all of you can respond, do
you view this as a spread of meth consumption or of meth
trafficking, or, as we become more successful with Canada and
perhaps even with Mexico, are we seeing this thing spread
around? Is it fungible enough to perhaps have activity in
Indonesia that will come back here?
Mr. Walters. I'll defer to my colleagues. My impression
from my experience here is you have to look at the specifics of
those nations. You can, sometimes, have a pharmaceutical
company that then adds as a part of its activities, sometimes
reselling pseudoephedrine-related products. So it could be a
large pharmaceutical company or a regional pharmaceutical
company, so the imports listed could be justified. So what
we're looking at in these reporting situations is, when we see
large changes, we need to go back in and look at what happened
underneath that. Sometimes it's explainable for legitimate
reasons. If it's not, then we have to be able to follow through
with enforcement.
Senator Coleman. I do want to get the perspective of
Director Tandy and Ambassador Patterson on this one on whether
we're seeing a balloon effect, but when you say we're doing
this, who's we? Is it your office, Director Tandy, is it,
Ambassador Patterson, at yours? Who's doing this kind of
analysis? Where's the repository of all this information?
Mr. Walters. We've been working together. The Division
Control Unit of DEA has the single greatest collection of
information here. We've been working also with the CND in
Vienna. They have a great deal of information they've been
collecting on a voluntary basis about some of these chemicals.
We've also reached out for people in industry elsewhere to give
us a sense of what are the measures of licit markets. You know,
these chemicals are part of a pretty widely used and beneficial
allergy and cold medication, and it helps people with asthma.
So we're trying to also make sure that we operate in an
environment sensitive to that reality.
Senator Coleman. Anyone else want to comment on whether
we're seeing any balloon effect here, whether that's an area of
concern?
Ms. Tandy. I would add to Director Walters' testimony a
couple of things. We're seeing shipments that get reported,
whether it's through the International Narcotics Control Board
under UNODC, or whether it's cop-to-cop in DEA's Project Prism,
we're seeing shipments that get reported from point A to B. But
then the shipment gets repackaged, and moved on through other
countries beyond that for which there is no reporting mechanism
requirement.
DEA has offered to establish a database for these
international countries where all shipments, if they were
provided, we would put that into a database that all countries
could use and assist in their own control and monitoring in
addition to ours. That has not gotten off the ground for the
reasons that we've discussed here regarding trade. I am hopeful
that, with the resolution and efforts after the March
resolution, that we'll start to get some of that. But, to the
extent you are asking if we push in one area, is it going to
come out in another, we're already seeing that globally. When
we started shutting down the shipments from Hong Kong,
collaboratively, it moved from that direct route to the
opposite direction around the globe through Africa and into
Mexico in a different way.
Senator Coleman. And, if I can, Ambassador Patterson,
turning to you, in your prepared remarks you talked about East
Asia, and I thought, some startling statistics--1.5 million
meth users in the United States; Japan has upwards of 3 million
casual meth users, twice as much as the United States; rampant
use in Thailand and Philippines. Is that something, is that
coming back to us? I'm trying to get a sense of how, if we talk
about global, there are distribution networks globally, there's
consumption, there's a flow back and forth. And I'm trying to
get an understanding, if the problem is so serious elsewhere,
can we contain it just by what we're doing here? It gets back
to my question, internationally, what should we be doing with
other nations in terms of supporting their efforts to have an
impact?
Ambassador Patterson. Mr. Chairman, the only beneficial
side effect of this meth explosion in Asia, is the enormous
interest now that Asian countries have in cooperating in these
new international mechanisms that have been established. But,
it's a terrible problem. And most of the Chinese production is
now being consumed in places like Australia. Our ambassador to
Laos came in yesterday, and she said that 20 percent of Laotian
high school kids are now testing positive for meth, which is an
incredible statistic.
But I think in Latin America we may be seeing some of a
balloon effect. One of the things we'll do under the Combat
Meth Act, is bring more rigorous analysis to this and that's
required. And we'll do the reporting over the next few months.
Senator Coleman. I think it's important to keep us informed
to make sure we have the resources directed to the analysis so
that we can respond. Let me ask for a candid discussion about
Mexico, its level of cooperation. And, if I may, Director
Walters, your comments talked about our northern border in
Canada, seizures of methamphetamine down 90 percent. Mexico
seems still to be more problematic. Director Tandy, you were
quite complimentary about some of the cooperation and things
that are going on. And yet, I think there is still a great deal
of concern about Mexico. Are they making a serious effort to
cut off production and export of illegal dangerous drugs? The
extradition issue, which I want to come back to, the
extradition of indicted criminals to the United States. So can
I get a candid assessment of the level of cooperation and are
we considering decertification, is that even an issue on the
table in regard to Mexico? I'll start with Director Tandy and
then move across.
Ms. Tandy. Mexico has certainly committed itself in a very
serious way to work with us on the methamphetamine issue. I
would highlight the fact that Mexico actually has quotas in
place. It has first determined what its legitimate
pseudoephedrine use market is and has put aggressive quotas in
place successfully, to reduce its shipments--imports of
pseudoephedrine to that amount which would supply only the
legitimate market. That is something that you are responsible
for, the Combat Meth Act, imposing those same provisions for,
in this case, DEA will be reviewing that market and
establishing the quotas in January. So they're actually ahead
of us on that front.
In terms of the law enforcement commitment, I can tell you
it has never been stronger. I have met with the cabinet level
officials both here and in Mexico with a number of discussions
about what we could do together that we have not done together
in the past. This information sharing, joint targeting, joint
task forces, setting up task forces, joint task forces at our
particular ports of interest are all new for us in the way that
they are being developed for this meth strategy. I'm very
encouraged by that. We are training 1,000 Mexican officials and
will complete that by the end of the year with the funding from
the State Department and assistance from Ambassador Patterson's
section of INL. We will be giving them equipment, and we've
already sent clan lab trucks to Mexico.
They're very serious about tackling these labs. Earlier in
the year, they took down one of their largest labs to date, and
that was in Guadalajara. It was the most significant lab that
has been found in Mexico. In that lab, there were seizures of
over 1,000 pounds of finished methamphetamine along with 1,700
pounds of ephedrine, together with mass quantities of other
chemicals. And that particular Guadalajara lab was capable of
producing 300 pounds of methamphetamine per cook. Per cooking
cycle.
So I would say they are demonstrating their commitment to
attacking the meth issue and the organizations trafficking in
meth. As I said, we'll have the training completed by the end
of this year. We just sent the clan lab trucks down. So the
teams and task forces on the ground going after the labs, for
example, won't really launch across the board in all the
methamphetamine hot spots in Mexico until after that point. So
hopefully, when I have an opportunity to be with you again down
the road after that, we will see even greater success.
Senator Coleman. I'm going to ask everyone to respond to
this, but I want to just follow up. In the past, there have
been some very real concerns about the criminal justice system
in Mexico, corruption tied to drug trafficking. And I'm hearing
a very positive optimistic assessment from you, Director Tandy,
which is certainly encouraging. But, in some ways, at least, it
is a contradiction to, at least, a perception of late that one
of the problems in Mexico in terms of rule of law has been the
impact of drug money and the impact that it's had on the
corruption of the system. Are you saying that that's not a
problem? Help me understand these two different images that I
have, what I hear here which is very encouraging, but what I
see on the TV or what I read about and then the concerns that
are raised in the street.
Ms. Tandy. The proof will be in the pudding as this
actually takes hold. The fact that Mexico has committed to this
aggressive approach is, I can tell you, the first time we have
tackled it in such a joint collaborative way. And they are
doing things that are difficult for them. They are putting
entities together in mixed task forces that wouldn't normally
be together. The fact that they're sending their chemical
regulatory experts in a personnel exchange to the United States
and us to sit with them in Mexico is a first.
The money side that you mentioned, that's a huge issue. The
amount of money varies in terms of American dollars that are
spent on the purchase of drugs in the United States. But it's
somewhere in excess of $60 billion a year. And for the most
part, that money is leaving the United States. And it is often
going in bulk form into Mexico, which is, I think, part of what
you're touching upon. Part of what we have agreed to do here
is, through some past budget support, we are in a position now
to assist in vetted financial task forces in Mexico to focus on
that issue. We are already doing it on the domestic side in the
United States. But, we are working together with Mexican
officials to establish financial task forces in Mexico and that
will get off the ground, actually is off the ground now, and so
is being pursued in a very focused way under this
methamphetamine strategy that our two Attorneys General just
announced.
Senator Coleman. Director Walters, I'd be interested in
your response to the same series of questions.
Mr. Walters. I think, and let me make this clear, the
United States is doing two contradictory things to Mexico at
the same time. We have, I think, unprecedented progress at the
governmental legitimate level from where we were. President Fox
has put into place people of integrity, they've built
institutions, they've developed capabilities to do things on
crimes and drugs and they have frankly helped us on the terror
problem as never before. We're dealing with the issue of
immigration, and we've been continuing to move forward on
trade. All those things, I think, have gotten to progress I
don't think we've seen in 25 or 30 years. The problem is the
other things that we're doing, and that's from things like drug
users in the United States.
We are sending enormous sums of money, we're allowing them
to arm themselves, and they're continuing to tear apart the
institutions of Mexico. They grew up in the decline of the
cartels of Colombia, the shift of control from Colombians being
distributors in New York City and parts of Florida and other
places for cocaine and heroin, all came from that dimension
that they built through their original marijuana marketing to
the United States. Again, it's like a business, they're
marketing. The marketers got taken out through the Colombians,
through our partnerships with them and their hard work and
people dying, and through our law enforcement efforts targeting
those groups. What happened was that then the flow moved up
through Mexico. And the super wealth of Mexican criminals has
been an asset to their institutions that President Fox is
reversing. But we continue to send too many dollars there,
that's why it is important that we do balance and we have
demand reduction and treatment, and testing, and local
enforcement.
But right now I would say President Fox is moving things
ahead. But I think what you see in terms of border violence,
and the battle between these groups is partly President Fox and
his Government have destabilized some of these groups by taking
out and arresting and holding some of these individuals. We
would like to get these people extradited as we had with
Colombia. But it's important to mention that the Mexicans are
now extraditing some people, their supreme court has now
removed its bar to extraditing people to the United States for
serious offenses. We have not seen the first one, but again,
those people's power to attack the institutions of justice,
courts, prosecutors, police, political officials, is a power
routed in dollars that come from American drug users.
Senator Coleman. Ambassador Patterson.
Ambassador Patterson. Mr. Chairman, I don't think that
anyone who looks at Mexico can fail to be astonished at how far
we've come in the past 10 or 15 years. And when I came back to
this issue after being overseas, that was my reaction. But it's
decidedly now, a glass half empty, half full picture. Yes, they
made something like twenty something thousand drug arrests last
year, and they put a number of major cartel leaders in jail,
but they're not extradited to the States, which turned out to
be the key really in breaking up the Colombian cartels. They've
done an incredible job on restricting the licit use of
precursor chemicals, but obviously there's huge amounts of
precursor stuff flowing into Mexico. They've done a great job
on reforming the Federal police, but the local and provincial
police are still shot through with corruption. And in a place
like some of these border towns which have evolved into the
mouths of drug cartels, the local police are in the pay of one
of the other side. So as Director Walters said, they've come an
enormously long way, and you go to Mexico and it's much like
Colombia, you can't help but be impressed by the bravery of
these people who have battalions of officers around their
houses so they can sleep at night. But we have quite a ways to
go.
Senator Coleman. I appreciate that. Anyone want to respond?
Ms. Tandy. Thank you, Chairman Coleman. I would just like
to speak about extradition in response to your question.
Extradition is the Achilles heel here. And while Mexico has
passed laws, and the Supreme Court has held in favor of
extraditions that previously were not possible, there have been
41 extraditions from Mexico in the past year, 15 of those for
drugs. The key cartel leaders that are sitting in prison in
Mexico are not those that are being extradited. I'm encouraged
that President Fox has made public statements about his intent
to extradite key traffickers. I am hopeful before the end of
his term, that will actually happen.
If history is indeed prolog, you don't have to look farther
than Colombia to see the difference after Colombia started
extraditing in 1997. And the decline in violence in Colombia
that followed after those extraditions started flowing. And
Colombia has indeed, since then, and continues to, extradite
the most serious cartel leaders including the Rodriguez-
Orejuela brothers, who were the founders of the Cali cartel.
Those extraditions have made a difference in Colombia. And I am
hopeful that the Fox administration will carry through and make
more extraditions of some of those leaders that have been in
prison for years and have yet to have faced a single trial.
Senator Coleman. I appreciate the candor. And what clearly
is a positive assessment of the progress that's being made, and
the reflection of the reality that so much more has to be done.
But I appreciate the candor. And I want to say that one of the
things, I don't think we in this country gave enough credit
when President Fox, when the Mexican Government passed a recent
drug law that, I think, established certain levels of legal
use. I thought meth was included in that, personal use of meth
being part of that. President Fox demonstrated a lot of
political courage to send that bill back. So I raised the
question, not from a rhetorical sense, but to try to get an
honest assessment of the impact of what's happening with
extradition.
We're familiar with Colombia. This subcommittee, my
subcommittee, is Western Hemisphere Peace Corps Narcotics. And
so obviously working with Ambassador Patterson in Colombia,
we've seen the impact of that. And also some of the concerns
regarding extradition in some other countries and the impact
that has had.
I have to ask you, Director Walters, a more narrow
domestic-focused question while I've got you here. And that is,
we consistently have to deal with the administration calling
for the cutting of Byrne grants and the JG funds. And in my
State, Minnesota, and I would suspect, but I can't speak for
Nebraska, but for my State, Minnesota, our drug task forces are
having tremendous success in dealing with the labs, in dealing
with the activity, particularly in rural communities. We're all
funded, in part by these Byrne grants and these justice
assistance grants, but we keep fighting the cuts in those. Can
you help me understand the rationale of cutting the Byrne
grants and justice assistance when they are the key to our
local meth reduction enforcement efforts? And I would suspect,
Director Tandy, that this is a DEA concern, that we're all
working on this, my folks aren't working alone. These are
State, Federal task forces directly funded that we keep
fighting pressure because they are always attempting to be cut.
Mr. Walters. We're all trying to support people who
obviously are working hard against this problem. In the budget
environment that we face, handling both crime, the threat of
terror and homeland security, trying to maintain the economic
growth that you and others have to be concerned about that
raises the taxes at State and local levels as well as the
Federal level, we try to set some priorities. The Byrne grants
are not even included in our drug control budget, because,
while they do fund obviously some task forces, the actual
expanse of things they can cover is so great we tried to focus
the budget on what we can actually manage and control, so that
if we can move resources from one place to another, we can
actually really move them.
The consequence of the block grant move is really part of
trying to, as we see it in the proposal, the President makes to
Congress, that Congress decides on, is to say, in a time we've
got to strengthen infrastructure and preparations for homeland
security, we're partly helping local law enforcement and State
governments move resources to those areas by moving additional
resources you've given us, through the homeland security
channel. It's not to diminish the capacity of other agencies,
some of those same agencies are getting those same resources
for those same expanded responsibilities here.
It's also to say though, that in some cases, yes, we'd like
to do targeted things: DEA funds task forces, some of which do
this and other things: the JAG program in my office, where
we've asked for funding at the JAG program this year, the
majority of it is initiatives at the local level focused on
meth in many of the affected areas. We have tried to focus the
efforts of the JAG program for task forces, but yeah, I suppose
this is the victim of, in some areas, we don't have as much
money as we'd like to. You face that as well as we do. And in
some areas what we are trying to do is balance the priorities
of homeland security and expanded spending there and the war
against some of the help to local law enforcement. We believe
in the value of these task forces, and we hope that also
they'll be where they are needed, and not only at Federal, but
they'll continue to be as they are, a State and local
contribution to these efforts.
I will say that sometimes I'm troubled, and I recognize
that sometimes we hear about debates about budget from local
people that are trying to make a case in a competitive
environment. It's very valuable, but if the Federal Government
doesn't pay for it, we're not going to do it. I mean, I think
in some cases, it's legitimate to say spending priorities ought
to be based on things that are important, and if they are
important, they ought to be important generally. Now, you can't
run things without money.
On the other hand, I think we're all trying to face here,
and you're facing it with receiving the President's budget
request, as we are making that request, how do we finally
decide, with a limited budget, with a deficit, with the war,
with the need to protect our country, how do we make those
tough choices? I think in some cases, block grant programs are
under pressure precisely because, when I try to make a case, or
when you try to look at this with others, what's the result of
a block grant? Well, by definition, it tends not to have a
specific objective that you can show as outputs. So when you're
in a competition with other kinds of spending, the question is,
if it's money going to a block grant, or money going to DEA, I
know what DEA is doing. They put performance output. When I
have 28 or 29 different objectives a block grant can go for, I
can't tell what footprint this makes.
So it's not a question of being insulting to the hard and
worthy work that people do here, as you know as well as I, but
the issue is when we're going to have to constrict domestic
spending in order to pay for some of the other threats. Where
do we do it? This has been an unfortunate and contentious part
of, I think, some of those choices we've had to make. But we're
not trying to make those choices irresponsibly.
Senator Coleman. And I know you're not. My words of advice,
though, would be that when we get beyond the macro debates
about budgets and deficits and block grants, that, in this
particular area, where there is such great sensitivity about
the impact of methamphetamine on local communities that merits
this hearing, that merited the national task force meeting that
we had before, that's reflected in my opening statements where
two-thirds of the folks in rural county jails are there because
of some meth-related issue, my point being, that at some point,
you have to step away from the macro discussions about these
things and say, hey, we have in this area a problem of great
concern, overwhelming concern. We have some vehicles that we
are funding that are having an impact in those, and not by
themselves, not paying the full fair, but allow those things to
be more effective. And I would just hope that we get away from
the macro discussions, and be able to really target. And how
you do that is difficult.
I can't tell you that my State is like every other State.
But I can tell you, when local law enforcements come back to
our citizens and say that our ability to do these joint task
forces is being impaired because of cutbacks in Byrne grants or
other funding, that's a problem. And that makes it more
difficult for folks like us to talk about increased funding for
matters relating to Mexico, nevertheless, when I want to talk
about wanting challenge accounts and other things. So I would
just say that there are some things that are, again, I think we
have to cut-throat focus on at the local level where we're
having some impact. So I would just hope, as we have these
discussions, that, if there's a way to really target, because I
want a target like you, and say yeah, we've got some things
that are funding important local vehicles. The DEA is working
hand in hand with the feds, and the local folks, and it's
having an impact. And the good news is that it is.
I don't think folks are saying we're losing this war.
That's the good thing, we're not losing this battle with meth.
With all the discussion we've heard today, decline in numbers,
hey, we're making progress. We're making progress
internationally, we're making progress in local drug labs,
we're making progress on amphetamine workplace positives.
Yet we keep facing the cuts. I say it with a great passion
because it's very hard for me to explain. And yet I understand
all the macro issues and all the pressure. So I just wanted to
lay all that out.
Director, if I can just focus on one more issue with you.
We've had great success with the meth labs. And we've got now
the Combat Meth Act. One of the concerns that we were seeing,
and I've seen it and I know my colleagues have seen it is a new
phenomena called smurfing. Teenagers drive across State borders
together, you know, buy carloads of meth precursors in other
States. In Minnesota we have both State and national
boundaries. Are you familiar with this, or is DEA dealing with
this? You know, perhaps our national Combat Meth Act, has sort
of given us the tools to take care of this? Do you know about
smurfing?
Ms. Tandy. Yes, I have. And there have been some wonderful
press reports on some of those examples after spring break, as
I recall. The Combat Meth Act has been very valuable on a
number of fronts. But, I don't think that the Combat Meth Act
is going to prevent smurfing. The restrictions on sales, both
daily and monthly, are in the Combat Meth Act. But there's no
real system yet to link all of that up, and to provide an
interconnected cross state lines database that would reflect
that those purchases are occurring in that way.
It's not just that the absence of it in the Combat Meth
Act, the ability, as you well know, to adopt false identities
and purchase using what would appear to be a legitimate ID, but
is one of many fake IDs that someone uses, equally frustrates
the ability to track that. But, I would say that it is the lack
of a, first of all, electronic system. A log book is required.
It is not required that it be folded into an electronic
database. And second, the interconnection of any database,
whether it's under the prescription monitoring plan, or under
the Combat Meth Act, that's just another factor that I think we
will have to be very focused on in terms of potential future
legislation and budget proposals.
Senator Coleman. I appreciate that. Director Walters.
Director Walters. I would say, that's important to watch.
Because when we looked at what the States were doing here,
always the question was, well, what about they'll just go
across State lines. Or what about where there isn't an
electronic system, they'll just go in to multiple places. And
there is some of that. But the dramatic declines that we've
seen suggest that certain barriers are significant and have
significant consequences.
And we're looking at, and I've talked to some State
officials about, what other kinds of things. And some States,
of course, are putting heavier regulations, more expenses than
others. The good news is that almost every State has seen a
decline. And, I think a key point that I would just mention
here, that you may have heard from your State officials, that
I've heard and I think is striking, is they think that the
reduction in the small labs will have far reaching
implications. Because the explosive growth of this depended on
people actually cooking it themselves and giving it to their
friends. That the initiation was, hey, my buddy's going to do
this thing, it's slightly dangerous, but we already drink a
lot, we already smoke a lot of dope, so why not try this new
thing as a way of self-destructive daring.
That did really rapidly, dramatically increase this. Plus
the fact that, in addition to the other things that you do to
support your habit, you can actually cook the product you need
to consume. So in addition to robbery or prostitution, now I
have the ability to create toxic sites by making my substance
myself. The reduction in the epidemic-like spread of this may
be significant because people are not making quantities and
immediately giving it to their friends. If you have to buy it
from Mexico, it's still bad, it's still coming from Mexico.
It's kind of like having the difference between having a
backyard barbeque where everybody gets to have hamburgers on
you, and now we all have to go down to the steakhouse and pay
our own freight. There's a lot less going to the steakhouse
here. And that may help us also reduce this on the demand side,
just the phenomenon of initiation will change as a result of
this happening. We certainly hope that's the case.
I was interested when I talked to officials in Iowa and
Oklahoma who were saying that they were really seeing this kind
of change in many of the areas where there's contact. So if
there are additional barriers we need to have to cut off the
precursor domestically, we want to work with State officials
and you to make sure that we look at those systems that might
be put in place. But right now, it looks like these barriers
are having even more dramatic effect than many people thought.
Senator Coleman. I hope that you're right. Because it's not
a Morton's of Chicago steakhouse that they have to go to, it
can be a pretty cheap steakhouse. I could go on and on, a lot
more to discuss here. At some point, we will probably have a
separate discussion on Internet sales of precursor chemicals
and meth. It's a whole other issue, Director Tandy and I have
been involved in that discussion.
I want to thank all of you. This has been an extraordinary
panel. And as I said, we're making progress here. We're making
tremendous progress. And I think all of the organizations you
represent are out there on the front lines doing great work. So
I appreciate the opportunity to have this hearing. We will
continue to discuss this issue. With that, this hearing is
adjourned.
[Whereupon, at 4:11 p.m., the hearing was adjourned.]
Questions and Answers Submitted for the Record
Responses of Anne Patterson
Question 1. What can we do to create incentives for other countries
to cooperate with our efforts to curb international meth trafficking
voluntarily?
Answer. There are several areas where the United States can and
does offer incentives to enhance cooperation in curbing meth
production, trafficking, and consumption. They include:
1. Diplomatic engagement.--Continued U.S. bilateral and
multilateral diplomatic efforts promote international cooperation
against a common threat by highlighting the negative health, law
enforcement, and destabilizing consequences generated by meth
trafficking. These engagements also serve to support the domestic
interests of other nations by highlighting their supporting roles and
self interests in engaging a common global threat.
2. Reduce the availability of precursor chemicals.--By promoting
the active support of the U.N.'s initiatives to better control
precursor chemicals, e.g., the recently approved Commission on Narcotic
Drugs (CND) resolution, and the International Narcotic Control Board's
ongoing Operation Prism (regional coordination against the diversion of
synthetic drug precursor chemicals), we again support national-level
self interests in addressing a global threat. In addition, with U.S.
financial and substantive support, the Organization of American States'
Counternarcotics entity (CICAD) Chemical Substance Group of Experts has
developed a Best Practices Guideline for Inspection/Investigations of
Chemical Substances and a Matrix for Evaluation of Chemical Control
Legislation, Systems and Procedures (a self assessment guide for member
states).
3. Combat Methamphetamine Epidemic Act (CMEA).--The implementation
of the CMEA, requiring added international coordination, reporting and
transparency on methamphetamine precursor chemicals, will offer added
incentives for cooperation for those countries that are major chemical
producers and transit countries, and those countries where these
chemicals are diverted into methamphetamine production.
4. United States assistance programs--both bilateral and to
international organizations--provide incentives for cooperation against
the global threat of methamphetamine. Such programs assist countries
and organizations most affected by meth trafficking to better control
precursor chemical imports, improve their law enforcement capabilities
against meth trafficking, and to address their many demand reduction
challenges.
Question 2. What is the biggest challenge that other countries face
in their efforts to stop the diversion of precursor chemicals and shut
down meth labs?
Answer. There are several aspects to the challenge faced by all
countries in addressing meth production and trafficking. They include:
1. Understanding the problem.--The expanding, global nature of the
threat presented by methamphetamine and other synthetic drugs is a
relatively recent phenomenon. National level officials often lack a
clear understanding of the significant social, law enforcement, and
destabilizing consequences posed by methamphetamine trafficking and
abuse. Without this understanding, international cooperation and
concerted country-level action will not occur.
2. Coordination of efforts against the diversion of precursor
chemicals into illicit drug production.--Coordinating international
action against meth precursors imposes reporting and other requirements
on legitimate commercial interests of national chemical industries.
Further, several of the major countries producing meth precursors have
expanding chemical industries, making administrative control a daunting
task. Such controls are made even more complicated when the issue of
combination products are considered, e.g., products such as
pharmaceuticals from which meth precursors can be extracted. These
combination products are not controlled by the 1988 U.N. convention on
Narcotic Drugs. Further, the administrative control of these commercial
sectors is often the responsibility of health ministries rather than
public security and law enforcement ministries. In sum, bureaucratic
and commercial complexities along with competitive commercial and drug
control objectives add to the difficulties of addressing chemical
diversion and meth production challenges.
3. Enhancing law enforcement and regulatory capacities to deal with
meth production and trafficking.--Addressing methamphetamine requires
unique regulatory and law enforcement knowledge, skills, and equipment,
e.g., safely handling toxic laboratory sites and controlling the import
and access to precursor chemicals used in meth production. Identifying
the resources to develop these law enforcement and regulatory
requirements is often extremely difficult and implementation evolves
slowly over time.