Draft Model Memorandum of Understanding to promote voluntary cooperation between Government and Chemical Industry to enhance Precursors Chemicals

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Emily Hoover
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1 Draft Model Memorandum of Understanding to promote voluntary cooperation between Government and Chemical Industry to enhance Precursors Chemicals Control 1

2 Introduction There has been growing recognition that voluntary cooperation with relevant sectors of industry, based on the principle of shared responsibility, is an important instrument in preventing diversion of chemicals from licit trade for use in the illicit manufacture of drugs 1. To assist Governments in identifying and preventing diversion of precursor chemicals from licit channels the International Narcotics Control Board (INCB) published the Guidelines for a Voluntary Code of Practice for the Chemical Industry (ref. INCB-PRE/C.L. 14/2009; INCB secure portal: ) in April With a view to developing a model Memorandum of Understanding (MoU) to further enhance the effectiveness of national precursor controls, and assist Governments in taking the first steps to implement the INCB s Guidelines for a Voluntary Code of Practice for the Chemical Industry, the Board organised a workshop in Manama, Bahrain, from April It was attended by participants representing national law enforcement and regulatory agencies, as well as representatives from the chemical industry. The workshop agreed on the draft model MoU which is contained in this document. It is voluntary, non-binding and serves as a basis on which Governments and Chemical Industry can develop or enhance voluntary partnerships with the ultimate aim of preventing diversion of precursors chemicals from licit trade. 1 Third Ministerial Conference of the Paris Pact Partners on Combating Illicit Traffic in Opiates Originating in Afghanistan, Vienna, 16 February 2012; 55 th Commission on Narcotic Drugs round table on Measures to prevent diversion of substances frequently used in the manufacture of narcotic drugs and psychotropic substances from domestic distribution channels, including by strengthening partnerships with the private sector, Vienna, March 2012; 30 th International Drug Enforcement Conference, Moscow, 5-7 June 2013, Russian Federation; INCB-UNODC International Conference on Precursors Control in Asia, Bangkok, 2-4 December

3 Model Draft Memorandum of Understanding between ( name of country) and ( name of company) 1. Rationale / Purpose of the MoU This Memorandum of Understanding is to formalize the partnership between the (name of country) Government and (name of company). The partners will work in collaboration to ensure that the chemicals used in the manufacture of illicit drugs are not diverted from licit trade. 2. Parties Government: The Government is represented here by (the Competent National Authority) as the principal agency in collaboration with The National Police Force, The Trade and Commerce Ministry, The Ministry of Health, National Customs, (mention other law enforcement or regulatory authorities, if needed) and (name of company) 3

4 3. Goals and Objectives The Government seeks to prevent the manufacture and consumption of illicit drugs and so protect the community from the destructive effects caused by these substances. At the same time, the Government acknowledges that the chemicals used in illicit drug manufacture also play an important role in numerous licit industrial processes which contribute significantly in strengthening the national economy and ensuring the community health and wellbeing. Through this partnership the Government intends to collaborate with those private sector operators whose business involves the manufacture, sale, storage, distribution or consumption of drug precursor chemicals to prevent their misuse. This partnership is voluntary and will be based on an agreed process of assessment that will be conducted as a part of any transactions involving these chemicals. The partnership will rely in large part on the market knowledge, experience and integrity of (name of company) in monitoring their trade. 4. Roles and Responsibilities a. Government: The Government recognizes the importance of the role chemical manufacturers, traders and end users who cooperate through this partnership can play in preventing the manufacture of illicit drugs. To this end, and in close consultation with chemical industry representative organizations, the Government has developed a Code of Practice which sets out the actions and procedures to be carried out to ensure the appropriate sales of certain drug precursor chemicals. 4

5 The Code is constructed so that the administrative burden experienced by companies who adopt it is minimized and the procedures involved do not interfere with normal business operations and practices. The Government requests that the participating company, here (name of company, carries out an assessment of potential clients seeking to purchase those chemicals as listed at risk of diversion to illicit drug production. The assessment processes, the chemicals to be monitored and the criteria and procedures by which the evaluation is to be conducted are described in the Code of Practice. The Government also requests that participating companies share certain information with (the Competent National Authority) in connection with potential sales to permit further assessment of the sale. Information shared may contain sensitive business detail however participating companies can be assured that such material will be handled in confidence and not be available to any other parties. Further, the Government will take all measures possible to ensure that partner companies who adopt the Code will experience no disadvantage to their trade through this cooperation. The Government undertakes to carry out its communications and activities in assessing sales information in a timely manner so as to minimize possible inconvenience to partner s business operations. b. Company: (name of company) agrees to cooperate with the (country) Government through the monitoring and assessment of their trading (or consumption) in the proscribed chemicals in the manner described under the Code of Practice. By this, (name of company) undertakes to confirm the identity and business details of potential customers and also to establish the intended end use for the proscribed chemicals prior to any transaction. 5

6 (name of company) further agrees to provide (the Competent National Authority) with this information when applicable under the provisions of the Code. Should a potential customer fail to supply detail sufficient to satisfy Code requirements or in any way lead representatives of (name of company) to suspect that the order may be suspicious, then the sale will be declined and the (the Competent National Authority) notified. (name of company) will appoint an individual who will be responsible for all matters associated with the Code. (name of company) will take every effort to implement the Code of Practice to prevent the diversion of chemical precursors. 6

Resolution 54/8 E/2011/28 E/CN.7/2011/15

Resolution 54/8 E/2011/28 E/CN.7/2011/15 Noting the report of the International Narcotics Control Board for 2010 on precursors and chemicals frequently used in the illicit manufacture of narcotic drugs and psychotropic substances, 31 in which