Illegal trafficking in drugs is an international phenomenon. Not only are countries of production and countries of consumption spread all over the world; those involved in trafficking are also constantly looking for new markets. To establish and maintain transport routes requires "employees" to be organised not only in the countries of production and consumption but also in the countries which the transport routes pass through. In combating illegal trafficking between countries of production and countries of consumption the emphasis is on detecting transport routes and couriers and interrupting supplies, whereas in the countries of consumption themselves the emphasis shifts to the dismantling of the entire organisation. These activities can only be successful if national investigation agencies in all the countries affected cooperate intensively and efficiently.
There has been a need for such cooperation for some time now, as evidenced by international agreements concluded with a view to preventing and combating illegal trafficking. At international level, the legal basis for cooperation is laid down in three United Nations conventions - the 1961 Single Convention on Narcotic Drugs, as amended by Protocol in 1972, the 1971 Convention on Psychotropic Substances and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Because of their global nature and the large number of states which have ratified them, these conventions provide a good basis for cooperation in criminal matters between countries of production and countries of consumption.
The three conventions are also used in cooperation between different countries of consumption but it has also been found that cooperation is more efficient if additional agreements are also reached. The Agreement implementing Article 17 of the above-mentioned United Nations Convention of 1988 was thus drawn up under the auspices of the Council of Europe; it provides for cooperation allowing the authorities of the different countries to act outside their own territorial waters against one another's vessels where drug smuggling is taking place. In the Convention implementing the Schengen Agreement a separate chapter is devoted to narcotics. The Treaty on European Union also contains provisions on combating unlawful drug trafficking, and other activities have also been developed under the auspices of the EU, such as the regulations and directives on precursors and the establishment of the Europol Drugs Unit as a forerunner of Europol itself.
Where appropriate, bilateral agreements are also reached. For example, in 1989 the Kingdom of the Netherlands concluded an agreement with Venezuela on curbing the abuse of, illegal trafficking in and the illegal production of narcotics, psychotropic substances and chemical substances related to them.
If these specific instruments are added to the range of general agreements on international cooperation in criminal matters (extradition, legal assistance in criminal matters, the transfer of criminal proceedings, the transfer of sentenced persons, confiscation of the proceeds of crime) and those on administrative assistance in customs matters which apply in the Netherlands and neighbouring countries, it is clear that a considerable range of instruments is available for use in the international investigation of drugs offences and the international criminal organisations involved in such offences which operate in those countries and in the prosecution of those committing such offences. It is not therefore our primary concern to add to this range of international agreements.
However, it would be desirable to improve the efficiency of international cooperation. This can be achieved through thorough analysis of the cross-border aspects of drug trafficking and the organisations involved. It is also important that international networks should be established and maintained at police, customs and judicial level, so that in practice investigations and prosecutions can be coordinated efficiently, taking into account the law of the respective countries, and the instruments provided by the above-mentioned conventions are used to best advantage.
As a result of more intensive cooperation, the number of requests for legal assistance in investigations and prosecutions connected with drugs cases is increasing in Europe. This means that international and national procedures must be simplified. The entry into force of the Convention implementing the Schengen Agreement considerably simplified many procedures for the states party to it, partly because requests for assistance can now be made directly by the police and public prosecutions authorities in one country to those in another.
In the Netherlands the increase in the number of requests for assistance has led to the realisation that the police, the Public Prosecutions Department and the Ministry of Justice must improve the way they deal with such requests. Now that it is no longer a question of the occasional request but rather of a steady stream of requests it is essential that all relevant parties have structural arrangements for processing requests. Procedures have been or are in the course of being improved as far as possible, with the aid of computerisation, at the Ministry of Justice and in the Public Prosecutions Department and the police. At the same time attention is being devoted to coordination and the exchange of information. As stated previously, the police are also shortly to bring a national investigation team into operation.
On 1 July 1995 the Prevention of the Misuse of Chemical Substances Act came into force; its aim is to prevent the misuse of chemicals for the illegal production of narcotics and it contains provisions on the manufacture of and trade in precursors, though it should be said that approximately 90% of these are used perfectly legally. The Act meets the Netherlands' obligations under the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the EU regulations and directive based on it. Persons found guilty of contravening the Act may be deprived of any financial advantage they have obtained through their offence as well as facing a custodial sentence and/or a fine.
International legislation in this field seeks to combat the illegal trade in precursors throughout the world. The Economic Surveillance Department (ECD), which already has contacts with the chemicals industry by reason of other monitoring duties, has been charged with monitoring compliance with the new Act. Together with the National Criminal Intelligence Service (CRI), the ECD is setting up a central notification office at the ECD which will collate information on flows of precursors.
In consultation with the other Member States of the European Union and under the chairmanship of the European Commission, initiatives are being taken to achieve more extensive international cooperation, with the United States, the countries of the former Soviet Union and the ASEAN countries, for example.