The 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs - Assignment Example

The 1988 United Nations (UN) Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances: Reference to Saudi Arabia Name: Course: Tutor: Date: Introduction Saudi Arabia is party to the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.1 This convention promotes co-operation among parties to enable them address more effectively various aspects of illicit traffic in narcotic drugs and psychotropic substances that have an international character. Briefly, the convention imposes legal obligation and duties on the parties to criminalise money laundering and drug smuggling. Additionally, this convention requires the parties to enact legislative measures that will enhance forfeiture of proceeds from illicit drugs and instrumentalities of narcotic trafficking2 In addition, the convention obliges the parties to give each other the widest legal assistance in investigations, judicial proceedings and prosecutions of offences described in the convention. Further, the convention requires the parties to enact domestic anti-money laundering and anti-drug trafficking legislations to comply with the provisions of the convention.3 As such, various provisions of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances have a direct impact on laws of domestic customs authorities of the party states in dealing with the legal issues described in the convention. This paper focuses on those provisions while giving particular focus on the customs administrations of Saudi Arabia. The paper also looks at how Saudi Arabia gives effect at law and in practice to those provisions given that it is party to the convention. In this view, the paper examines how criminal proceedings have been implemented in Saudi Arabia regarding the offenses described in the provisions of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances that are highlighted in this paper. Key provisions which impact customs administration of Saudi Arabia There are various key provisions of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances that have an impact on the operations of custom authorities of Saudi Arabia in dealing with offences described within the convention. To start with, the provisions of article 15 are particularly important to the operations of the customs administration of Saudi Arabia. Article 15 (1) requires parties to take appropriate measures in order to ensure that all means of transit operated by commercial carriers are not used in the commission of offences described in the convention4 This part further suggests that such measures may include special arrangements with the commercial carriers. Usually, it is the duty of customs administrations to enhance control of commercial carriers entering and leaving the territory of any state. As such, customs administrations of the parties to this convention have to enhance control measures of the commercial carriers in accordance with this provision. Given that Saudi Arabia is party to the convention, this provision has an impact upon the customs administration of that country. Similarly, article 15 (2) has an impact upon the customs administrations of Saudi Arabia. In pursuant to that provision, the customs administration of Saudi Arabia is required to ensure that commercial carriers operating across the territory of that country take precautions to prevent the use of their means of transport for the commission of offences described in the convention.5 At the same time, article 15 (3) obliges party states to ensure cooperation between commercial carriers and concerned customs authorities at entry and exit points and other customs control areas.6 This is to implement appropriate security measures and to prevent illicit transportation of cargo. Thus, both article 15 (2) and article 15 (3) impose an obligation on the customs authorities of signatory states to cooperate with commercial carriers in establishment of measures to prevent illicit entry and exit of materials mentioned in the convention. As such, these provisions have an impact upon the operations of the customs administration of Saudi Arabia. Additionally, article 16 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 has an impact upon the customs administration of Saudi Arabia. The convention’s article 16 (1) obliges party states to ensure proper documentation of lawful exports of narcotic drugs and psychotropic substances.7 Particularly, this provision points out that commercial documents such as invoices, cargo manifests, customs, transport and other shipment document shall include the identities and quality description of the narcotic drugs and psychotropic substances being exported. In addition, such documents should include the names of the exporter, the importer and when available, the consignee. Further, article 16 (2) requires the parties to ensure that the consignments of narcotic drugs and psychotropic on export substances are not mislabelled. In most cases, it is the duty of customs administration of any state among other authorities to ensure that such details are contained in the documents accompanying narcotic drugs and psychotropic substances on lawful transit and to ensure that such consignments are not labelled.8 In this regard, both article 16 (1) and article 16 (2) of the convention have an impact upon the customs administrations of Saudi Arabia. Remarkably, article 17 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 has a very significant impact upon the customs administration of Saudi Arabia. Article 17 (1) stipulates that parties shall conform to the international law of sea which requires co-operation to the fullest extent possible among the parties to suppress illicit traffic by sea.9 Additionally, article 17 (2) requires party states to request assistance and to render assistance upon request by another party in the process of combating illicit traffic. This clause states: “A Party which has reasonable grounds to suspect that a vessel flying its flag or not displaying a flag or marks of registry is engaged in illicit traffic may request the assistance of other Parties in suppressing its use for that purpose. The Parties so requested shall render such assistance within the means available to them.”10 Further, article 17 (3) of the convention provides that if a signatory state suspects that a vessel displaying marks or flying a flag of another party state is involved in illicit traffic, it may notify the flag state of that vessel and request confirmation of registry of that vessel.11 If the registry is confirmed, this provision requires the requesting party to request for authority from flag state to take appropriate measures in regard to that vessel. Moreover, article 17 (4) stipulates that the requesting state may act in accordance with treaties in force between the two parties involved or in accordance with the agreement or arrangements reached between those parties. The requesting party may then board the suspected vessel and conduct a search in conformity with the agreement reached with the flag state.12 If any evidence is found of involvement in licit traffic, the requesting party may take action regarding the vessel, persons or cargo on board. In addition, article 17 (5) of the convention stipulates that “the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and the cargo or to prejudice the commercial and legal interests of the flag State or any other interested State”13 According to article 17 (7) of the convention, parties are required to respond to requests made by other parties expeditiously through their empowered authorities to determine whether a suspected vessel flying its flag is at liberty to do so.14 Further, the article stipulates that the requested party state shall, through its empowered authorities respond to requests for authorisation to take action regarding the vessel. In addition, article 17 (8) requires requesting party state to inform the flag states promptly concerning the results of action taken by the authorities of that state.15 Article 17 (10) provides that the action taken should be should only be carried out by warships and military aircrafts or other ship or aircraft bearing the identity and with authority from the government of the state taking that action. Lastly, article 17 (11) stipulates that any action taken should not “affect or interfere with the rights and obligations and exercise of jurisdiction of the coastal states and in accordance with the international law of the sea”16 In summary, the provisions of article 17 described above demonstrate how the empowered authorities of party states should co-operate in suppression of illicit traffic by sea. Usually, it is the duty of customs authorities of any state to take appropriate action against any vessel that is suspected to be involved in illicit traffic within its territory.17 In addition, customs administrations are usually mandated with the duty to enhance co-operation in pursuance of any vessel suspected to be involved in illicit traffic within and out of the territory of any state. This explains the fact that the above provisions of article 17 of the convention have a great impact upon the customs administrations of Saudi Arabia. Finally, article 18 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 has remarkable impact upon the customs administrations of Saudi Arabia. Article 18 (1) requires party states to implement measures that are not less severe than those applied in other parts of their territories in suppressing unlawful traffic in narcotic drugs and psychotropic substances described in the convention. Article 18 (2) (a) obliges parties to monitor the movement of persons or cargo in free ports and free zones.18 In addition, this provision requires party states to empower their competent authorities to search cargo from incoming and outgoing vessels. This includes fishing and pleasure craft vessels, aircraft, vehicles and any other means of transport. When appropriate, this provision authorises the search of crew members, passengers and their baggage. Further, article 18 (2) (b) obliges parties to institute and maintain systems to detect consignments that may contain narcotic drugs, psychotropic drugs and other substances described in the convention entering or leaving free trade zones and free ports19. In addition, article 18 (2) (c) stipulates that parties should endeavour to create and maintain systems to assist in surveillance in harbour and dock areas as well as airports and border check-points in free ports and free trade zones.20 In short, the three clauses of article 18 of the convention define obligations of signatory states in regard to free trade zones and free ports. Usually, all states enhance control of free trade areas and free zones through their customs authorities, among other authorities.  As such, the above duties stipulated under the convention in this context fall under the docket of customs administrations. To this end, we can conclude that all the three provisions of article 18 of the convention have an impact on the customs administrations of Saudi Arabia. Measures taken by Saudi Arabia to comply with the convention As mentioned earlier, Saudi Arabia is party to the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Notably, this country has taken various steps to comply with the provisions of the convention which have an impact on its customs administration as mentioned above. To start with, illicit traffic of narcotic drugs and psychotropic substances is unlawful under the law of Saudi Arabia. Additionally, Saudi Arabia is party to the Common Customs Law for the Gulf Cooperation Council States (GCC States).21 Article 123 of this law stipulates that authorised customs officers of party states have the right to board commercial carriers during entry and exit from ports and to conduct inspection to any part of the vessel or cargo to avoid illegal transportation of narcotic drugs and psychotropic substances.22 Also, Saudi Arabia has been at the forefront in combating illicit traffic in drugs by local commercial carriers. This can be illustrated in a case where Saudi Arabian custom officers held and detained five people from Pakistan in 2009.23 The five people had tried to import heroin into Saudi Arabia but the attempt was noticed by customs officers just after arrival in the port of entry. In short, Saudi Arabia has been compliant with article 15 of UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Saudi Arabia is also compliant with article 16 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. This provision requires the parties to ensure correct labelling of lawful traffic in narcotic drugs and ensure that there are details of the identity of the consignment, quality description name of the exporter, the importer and where applicable, the consignee. Similarly, article 30 of the Common Customs Law for the Gulf States stipulates that goods imported into the party states must be well labelled.24 Article 30 (b) of that law provides that any cargo on importation into the party states must be companied with documents bearing the name, description of quality, size, weight and number of packages of that load. In addition, this article provides that such documents should contain the names of the consignor and the consignee as well as the identity of the seaports from which the goods are shipped.25 In pursuance of this law, all imports in Saudi Arabia should have a certificate of origin from the embassy of that country in the country exporting such products. Further, it is compulsory to label and mark all products exported in Saudi Arabia which is established by Saudi Standards, Metrology and Quality Organisation (SASO).26 Hinkelman explains further that customs authorities at ports of entry and exit in Saudi Arabia implements the guidelines provided by SASO through establishment of inspections and test laboratories.27 In addition, all cargo in ports entering or leaving the ports of Saudi Arabia must have a non-removable label indicating identity, nature and country of origin of the product. All products that do not have a non-removable mark shall be held by the custom authorities of Saudi Arabia for further investigation or correction.28 In respect to article 17 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, Saudi Arabia also complies with its provisions. First, article 124 of the Common Customs Law for the Arab States of the Gulf obliges authorised customs officers of party states to board and inspect any vessel in customs zones suspected to be involved in illicit traffic.29 Notably, the Common Customs Law for the Arab States of the Gulf requires that appropriate actions should be taken against a vessel suspected to be involved in illicit traffic within the territory of a party state. That law does not provide for actions to be taken to suspected vessels found beyond the territories and maritime zones of party states. However, past cases indicate that Saudi Arabia is usually reluctant to head advice or to request authorisation for action from the states of the culprits found in illicit traffic of drugs.30 This can be illustrated in the case where 4 men had been convicted of drug smuggling in Saudi Arabia in 1995. The men were pursued in a vessel in the sea and outside the territory of Saudi Arabia. Two of them were beheaded on 11th and the other two on 14th of august the same year. This case raised conflict between the Turkish government and the Saudi government. This raises questions regarding the compliance of Saudi Arabia with the provisions of article 17 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. It is clear that Saudi Arabia is compliant with the provisions of article 18 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. First, article 81 of the Common Customs Law for the Gulf States stipulates that the customs office of party states has a duty to carry out inspection works in the free zones for detection of prohibited goods and may review the details of the cargo on transit when smuggling operations are suspected.31 Also, a religious edict no. 138 provides for death penalty for and individual involved in drug smuggling or receiving drugs from abroad.32 The edict further stipulates an optional death penalty for receiving and distributing drugs within Saudi Arabia. According to Amnesty International the first case of execution of drug smuggler in Saudi Arabia under that law was carried out in Riyadh on 29th July 1987 when Muhaisin bin Falih bin Kami al-Muqati' was beheaded.33 He was convicted of illicit traffic and use of drugs and also shouting a member of the patrol that arrested him. According to Amnesty International at least 9 drug offenders involved in illicit traffic across borders of Saudi Arabia had been executed by the end of that year for drug offences and they included Filipinos and Jordanians. In summary, this shows that Saudi Arabia has taken legislative and practical measures (though stringent) to comply with Article 18 (1) of the convention which requires the parties to take actions that are not less stringent than those applied in other parts of their country in combating illicit traffic of narcotic drugs and psychotropic substances. As well, this argument indicates that Saudi Arabia has taken measures legislative and practical measures to adhere to the obligations stipulated in articles 18 (2) and article 18 (3) of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Conclusion As it has been demonstrated, there are various key provisions of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances that have an impact on the operations of custom authorities of Saudi Arabia. Generally, the provisions of article 15 have a significant impact on customs administration of Saudi Arabia. They impose an obligation on that organ to cooperate with commercial carriers within its territory in establishment and application of measures aimed at preventing illicit entry and exit of materials mentioned in the convention. Saudi Arabia has complied with this article as well as article 123 of the Common Customs Law for the Gulf States. Similarly, article 16 of the convention which obliges party states to ensure accurate certification of authorised exports of narcotics and psychotropic substances has an impact on the customs administrations of Saudi Arabia. The compliance of Saudi Arabia is significantly in line with application of the provisions of article 30 of the Common Customs Law for the Gulf States in its land. At the same time, the various provisions of article 17 described in this paper demonstrate how the empowered authorities of party states should cooperate in suppression of illicit traffic by sea. Given that customs administrations are usually entrusted in that work, those provisions have a huge impact on the customs administrations of Saudi Arabia. In various situations, Saudi Arabia has acted in contrast with the provisions of this article. Finally, the provisions of article 18 of the convention define obligations of signatory states in regard to free trade zones and free ports. As such, they define the duties of customs administrations of party states. This explains the fact that this article has a significant impact on the operations of customs administrations of Saudi Arabia. Through application of article 81 of the Common Customs Law for the Gulf States and the a religious edict no. 138, Saudi Arabia is seen to be compliant with article 18 of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.         References Amnesty International, death penalty: no solution for illicit drugs, (not dated), Viewed, 13 April 2011 Christine van den Wyngaert, Guy Stessens and Liesbeth Janssens, International criminal law: A collection of international and European instruments, Martinus Nijhoff Publishers, 2005, p. 818 Edward G. Hinkelman, Dictionary of international trade: handbook of the global trade community includes 21 key appendices (6th edition) World Trade Press, New York, 2005, p. 152 International Customs Tariff Bureau, (ICTB), “Organ of International Union for publication of customs Tariffs,” The International Customs Journal No 62 (8th edition), ICTB, Brussels, 2004, p. 4. Viewed, 14 April 2011 International Maritime Organisation (IMO), Implications of the United Nations on the Law of the Sea for the International Maritime Organisation, Albert embankment, London, 2008, p. 44. Viewed 14 April 2011,  Saudi Arabian Monetary Agency, A report on initiatives taken by Saudi Arabia to combat terrorism financing and money laundering, April 2004, p. 15. United Nations Economic Social Council, Action to strengthen international cooperation to control precursors and their substitutes used in the illicit manufacture of controlled substances, United Nation Publications, New York, N.Y, 1996, Viewed 14 April 2011 United Nations, The United Nations Convention against Illicit Traffic in Narcotic Drugs and psychotropic substances, 1988, 2003, p. 18. Viewed 14 April 2011 United Nations, The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, p. 44 viewed 12 April 2011 World Trade Organisation/SASO Viewed, 14 April 2011 Read More