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Viewing cable 05CARACAS772, VENEZUELA CERTIFICATION DEMARCHE BENCHMARKS

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Reference ID Created Released Classification Origin
05CARACAS772 2005-03-15 20:28 2011-08-24 01:00 UNCLASSIFIED Embassy Caracas
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 CARACAS 000772 
 
SIPDIS 
 
STATE FOR INL/LP AND WHA/AND/VE 
 
E.O. 12958:  N/A 
TAGS: SNAR PREL KJUS KCRM VE
SUBJECT:  VENEZUELA CERTIFICATION DEMARCHE BENCHMARKS 
 
REF:  CARACAS 00710 AND STATE 12161 
 
1.  (U) As promised in Caracas 710, the text of the non- 
paper on 2005 certification benchmarks, delivered February 
18, follows: 
 
VENEZUELA'S 2005 CERTIFICATION BENCHMARKS 
 
To comply with current U.S. law establishing the narcotics 
certification mechanism and to respond to calls for a more 
transparent process, we need to articulate clear 
counternarcotics objectives at this time. 
 
The President's "National Drug Control Strategy," the 
International Narcotics Control Strategy Report (INCSR) and 
other U.S. policy documents on drug control underscore U.S. 
efforts to curb its own drug consumption problems.  We will 
endeavor to convey more clearly and openly to you our 
progress in that regard.  However, no domestic policy can 
succeed while drug criminals operate with impunity around 
the world. 
 
While cooperative anti-drug programs have proven their 
value, the most powerful defense against the drug trade is 
political will.  If political will is weak, corruption soon 
sets in.  Left unopposed, such corruption ultimately 
vitiates the rule of law, puts democratic government in 
jeopardy, and undermines cooperative efforts against drug 
trafficking. 
 
Our actions and statements are consistent with the goals of 
the 1988 UN Drug Convention, and are pursuant to U.S. 
domestic legislation on certification.  Our aim in 
approaching you now is to ask you to engage in a dialogue 
regarding our counternarcotics objectives for the near term 
and to present clear counternarcotics objectives that, if 
met, will be given due consideration by the U.S. in 
evaluating compliance with the goals and objectives of the 
1988 UN Convention and our bilateral counternarcotics 
program.   We will continue our dialogue with you on this 
subject throughout the year. 
 
Certification decisions are made by the President upon the 
recommendation of the Secretary of State, with input from 
other concerned agencies. 
 
In order not to be found as having "failed demonstrably," a 
country must take meaningful and committed actions against 
narcotics trafficking and related criminal activity.  Key 
criteria considered in the certification process include: 
Performance in areas identified in the 1988 UN Drug 
Convention: 
 
-cultivation/manufacturing; 
-consumption/demand reduction; 
-trafficking; 
-eradication of illicit crops; 
-interdiction and law enforcement cooperation; 
-asset seizure; 
-extradition and mutual legal assistance; 
-drug treatment; 
-control of precursor/essential chemicals; 
-money laundering. 
 
Performance in accomplishing goals described in any 
applicable bilateral narcotics agreement with the United 
States, or a multilateral narcotics agreement. 
 
Performance in preventing and punishing public corruption, 
especially by senior government officials that facilitate 
the production, processing, or shipment of drugs and other 
controlled substances, or that discourages the investigation 
or prosecution of such acts. 
 
We are very interested in efforts to improve regional 
cooperation and regional activities to support the goals of 
the 1988 UN Drug Convention.  We will consider such 
activities and initiatives, as part of our evaluation 
process. 
 
Venezuela has received full certification since 1992. 
Venezuela remains a major cocaine and heroin transshipment 
corridor from Colombia, with extensive quantities passing 
through the country each year destined to the U.S. and 
Europe. 
 
Venezuela has a coordinated anti-narcotics strategy, which 
includes interdiction and demand reduction.  The police and 
the Branches of the Armed Forces with police drug 
enforcement authority continue to seize narcotics and arrest 
traffickers.  However, corruption, inefficiency, and weak 
judicial system have limited the effectiveness of these 
operations. 
 
In order to ensure that we have a constructive dialogue with 
your Government on narcotics cooperation, we would like to 
provide information on the areas of performance that will 
become the primary focus of the 2005 certification 
determination.  These performance objectives are based on 
the 1988 UN Convention, our current bilateral agreement on 
narcotics, and the Government of Venezuela's previously 
stated national drug control objectives. 
 
COUNTERNARCOTICS 
 
Given the linkage between narco-trafficking and terrorist 
activities of foreign terrorist organizations (FTOS) such as 
the FARC, ELN and AUC on both sides of the Venezuelan- 
Colombian border, the Government of Venezuela (GOV) should 
target these FTOS by arresting their leadership, seizing 
their assets, and disrupting their operations inside 
Venezuelan territory. 
 
The Venezuelan Government should indicate whether it is 
willing to authorize U.S. detection and monitoring aircraft 
to overfly Venezuelan territory (with Venezuelan observers 
on board, if requested) to track suspected narco-trafficking 
aircraft. 
 
Substantial quantities of cocaine are transiting Venezuela 
en route to the United States from Colombia.  Venezuelan 
reports of cocaine seizures and destruction, if accurate, 
indicate a doubling (or more) of cocaine flowing through 
Venezuela since 2002.  It would be appreciated if the GOV 
would permit U.S. law enforcement personnel to have access 
to seizures in excess of 100 kilograms for the purpose of 
taking samples to determine purity and source, and to 
confirm the quantity destroyed. 
 
The GOV is strongly encouraged to improve border 
inspections, particularly at Tachira and other major 
crossing points from Colombia, so as to increase the 
likelihood of detection, interdiction, and arrest and 
prosecution enough to deter traffickers from attempting to 
transit Venezuela through these points of entry. 
 
Substantial amounts of cocaine depart Venezuela for the U.S. 
and Europe through the ports.  The GOV is asked to improve 
intelligence gathering and inspection capacity at the ports 
in order to increase the likelihood of detection, 
interdiction, and arrest and prosecution sufficiently to 
deter traffickers from smuggling drugs through major 
commercial ports. 
 
The GOV should target drug trafficking organizations by 
arresting their leadership, seizing their assets and 
disrupting their operations. 
 
While the GOV has successfully prevented large-scale 
cultivation of coca and poppy, the GOV needs to eradicate 
opium poppy fields, particularly in the Perija Mountains, 
and coca cultivations. 
 
CORRUPTION 
 
Several GOV agencies have failed to show any interest in 
combating corruption, specifically corruption with respect 
to drug trafficking, document falsification, and migrant 
trafficking.  Therefore, the United States Government (USG) 
urges the GOV to initiate the process of computerizing the 
passport issuance system, to increase document security and 
prevent abuse by criminals and possibly terrorists. 
 
The USG encourages the GOV to firmly enforce the execution 
of wiretap orders that Venezuelan courts issue to cellular 
phone companies. 
 
Temporary judges should not have authority to dismiss cases 
or release defendants in drug trafficking cases.  Therefore, 
we respectfully request that the GOV ask that these 
decisions be reviewed and approved by the Chief Prosecutor 
for Drugs in the Public Ministry before such actions may be 
taken. 
 
LEGISLATION 
 
Venezuelan Vice President Rangel made a formal commitment to 
the Mini-Dublin Group of ambassadors to secure passage in 
the first half of 2004 of the Ley Organica Contra La 
Delincuencia Organizada (LOCDO).  Nonetheless, the Assembly 
did not take action.  The USG strongly urges the GOV to use 
its majority in the Assembly to give the highest priority to 
passage of the LOCDO. 
 
2. (U)  Text of diplomatic note delivered on March 15, 2005, 
to the Ministry of Foreign Affairs follows: 
 
 
                  Text for Diplomatic Note 
 
 
     079/2005 
     The Embassy of the United States of America presents 
its compliments to the Ministry of Foreign Affairs of the 
Bolivarian Republic of Venezuela, and has the honor to 
inform the Ministry of the U.S. Government's desire to 
engage the Government of Venezuela in discussions on the 
narcotics certification process as required under U.S. Law. 
     The President's "National Drug Control Strategy," the 
efforts to curb its own drug consumption problems. We will 
progress in that regard. However, no domestic policy can 
the world. While cooperative anti-drug programs have proven 
their value, the most powerful defense against the drug 
trade is political will. 
 
     Our actions and statements are consistent with the 
goals of the 1988 UN Drug Convention, and are pursuant to 
U.S. domestic legislation on certification. Our aim in 
approaching you now is to ask you to engage in a dialogue 
regarding our counter-narcotics objectives for the near term 
and to present clear counter-narcotics objectives that, if 
met, will be given due consideration by the U.S. in 
evaluating compliance with the goals and objectives of the 
1998 UN Convention and our bilateral counter-narcotics 
program. We hope to continue our dialogue with you on this 
subject throughout the year. 
 
     Certification decisions are made by the President upon 
the recommendation of the Secretary of State, with input 
from other concerned agencies. Key criteria considered in 
the certification process include performance in areas 
identified in the 1988 UN Drug Convention: 
 
 
 
 
 
     . Cultivation/manufacturing 
     - Consumption/demand reduction 
     - Trafficking 
     - Eradication of illicit crops 
     - Interdiction and law enforcement cooperation 
     - Asset seizure 
     - Extradition and mutual legal assistance 
     - Drug treatment 
     - Control of precursor/essential chemicals 
     -    Money-laundering. 
 
       Other  criteria include performance in  accomplishing 
     goals  described in any applicable bilateral  narcotics 
     agreement  with  the United States, or  a  multilateral 
     narcotics agreement, and performance in preventing  and 
     punishing  public  corruption,  especially  by   senior 
     government  officials that facilitate  the  production, 
     processing,  or shipment of drugs and other substances, 
     or that discourages the investigation or prosecution of 
     such acts. We are also interested in efforts to improve 
     regional cooperation and regional activities to support 
     the  goals  of  the 1988 UN Drug Convention,  and  will 
     consider such activities and initiatives as part of our 
     evaluation process 
 
       Venezuela  has  received  full  certification   since 
     1992.   Venezuela  remains a major cocaine  and  heroin 
     transshipment  corridor from Colombia,  with  extensive 
     quantities  passing  through  the  country  each   year 
     destined to the U.S. and Europe. 
 
     Venezuela  has  a coordinated anti-narcotics  strategy, 
which  includes  interdiction  and  demand  reduction.   The 
police and the branches of the Armed Forces with police drug 
enforcement authority continue to seize narcotics and arrest 
traffickers.  However, corruption, inefficiency, and a  weak 
judicial  system  have  limited the effectiveness  of  these 
operations. 
 
     To  ensure  that we have a constructive  dialogue  with 
your  Government on narcotics cooperation, we would like  to 
take  this  opportunity to identify the areas of performance 
that will become the primary focus of the 2005 certification 
determination.  These performance objectives  are  based  on 
the  1988 UN Convention, our current bilateral agreement  on 
narcotics,  and  the  Government of  Venezuela's  previously 
stated national drug control objectives. 
 
     COUNTERNARCOTICS 
--  Given the linkage between drug trafficking and terrorist 
activities of foreign terrorist organizations (FTOS) such as 
the  FARC,  ELN  and  AUC on both sides of  the  Venezuelan- 
Colombian  border,  it is important that the  Government  of 
Venezuela  target these FTOS by arresting their  leadership, 
seizing their assets, and disrupting their operations inside 
Venezuelan territory. 
 
--  Is  the Venezuelan Government willing to authorize  U.S. 
detection  and  monitoring aircraft  to  overfly  Venezuelan 
territory (with Venezuelan observers on board, if requested) 
to track suspected drug trafficking aircraft? 
 
--  Substantial quantities of cocaine transit  Venezuela  en 
route  to  the  United  States  from  Colombia.   Venezuelan 
reports  of  cocaine seizures and destruction, if  accurate, 
indicate  a  doubling (or more) of cocaine  flowing  through 
Venezuela  since  2002.   It would  be  appreciated  if  the 
Government  of  Venezuela would permit U.S. law  enforcement 
personnel  to  have  access to seizures  in  excess  of  100 
kilograms  for  the purpose of taking samples  to  determine 
purity and source, and to confirm the quantity destroyed. 
 
--   Improvement  of  border  inspections,  particularly  in 
Tachira and other major crossing points from Colombia, so as 
to  increase the likelihood of detection, interdiction,  and 
arrest  and  prosecution  enough to deter  traffickers  from 
attempting  to  transit Venezuela through  these  points  of 
entry. 
 
--  Improvement  of  intelligence gathering  and  inspection 
capacity  at the ports where substantial amounts of  cocaine 
depart  Venezuela for the U.S. and Europe  to  increase  the 
likelihood  of  detection,  interdiction,  and  arrest   and 
prosecution sufficiently to deter traffickers from smuggling 
drugs through major commercial ports. 
 
--Targeting  of drug trafficking organizations by  arresting 
their  leadership, seizing their assets and disrupting their 
operations. 
 
--  While  the  Government  of  Venezuela  has  successfully 
prevented  large-scale cultivation of coca  and  poppy,  the 
Government  should eradicate opium poppy  and  coca  fields, 
particularly in the Perij Mountains. 
 
     CORRUPTION 
 
--   Initiation  of  the  computerization  of  the  passport 
issuance  system, to increase document security and  prevent 
abuse by criminals and possibly terrorists. 
 
--  Enforcement  of  the execution of  wiretap  orders  that 
Venezuelan courts issue to cellular phone companies. 
 
--  Ensure  that  cases  are  properly  managed  to  prevent 
temporary   judges  from  dismissing  cases   or   releasing 
defendants in drug trafficking cases. 
 
     LEGISLATION 
 
--  Vice  President Rangel made a formal commitment  to  the 
Mini-Dublin  Group of ambassadors to secure passage  in  the 
first   half  of  2004  of  the  Ley  Orgnica   Contra   La 
Delincuencia  Organizada.  Passage of this  law  merits  the 
highest priority. 
 
     The Embassy of the United States takes this opportunity 
to   renew  to  the  Ministry  of  Foreign  Affairs  of  the 
Bolivarian  Republic  of Venezuela  the  assurances  of  its 
highest consideration. 
     Embassy of the United States of America 
     Caracas, March 15, 2005 
 
BROWNFIELD