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Activities by an organized crime group involving the illegal entry, transit or residence of migrants for a financial or material benefit. The production, transport, storage and sale of goods that are fraudulently mislabeled or fraudulent imitations of registered brands. The illicit transport, handling and sale of excise consumer goods despite a ban or outside a legal market. Excludes oil and counterfeits. The illicit trade and possession of species covered by CITES convention, and other species protected under national law. The poaching, illicit trade in and possession of species covered by CITES and other species protected by national law. Includes IUU fishing. The illicit extraction, smuggling, mingling, bunkering or mining of natural resources and the illicit trade of such commodities. The production, distribution and sale of heroin. Consumption of the drug is considered in determining the reach of the criminal market. The production, distribution and sale of cocaine and its derivatives. Consumption is considered in determining the reach of the market. The illicit cultivation, distribution and sale of cannabis oil, resin, herb or leaves. Consumption is used to determine the market's reach. The production, distribution and sale of synthetic drugs. Organized crime that results in a monetary loss via financial fraud, embezzlement, misuse of funds, tax evasion and abusive tax avoidance. Clearly defined organized crime groups that usually have a known name, defined leadership, territorial control and identifiable membership. Loose networks of criminal associates engaging in criminal activities who fail to meet the defining characteristics of mafia-style groups. Includes foreign nationals and diaspora groups. The State's role in responding to organized crime and its effectiveness. The degree to which states have put oversight mechanisms in place to ensure against state collusion in illicit activities. A country's supranational structures and processes of interaction, policy making and concrete implementation to respond to organized crime. The degree to which states are able to control their physical and cyber territory and infrastructure against organized criminal activities. Assistance provided to victims of various forms of organized crime, including initiatives such as witness protection programs. Refers to the existence of strategies, measures, resource allocation, programmes and processes that are aimed to inhibit organized crime. Despite concerns over instances of forced labour in the seasonal and domestic work industries, no data is available to confirm the existence of a human trafficking market in Andorra. Conversely, successful preventative measures undertaken by the government and routine patrols along the borders of France and Spain may be responsible for deterring human trafficking. Andorra has low rates of human smuggling in comparison to neighbouring Spain and France, where the market is significantly larger. It can be assumed that Andorra is not a starting point for human smuggling networks, nor a significant transit or destination country. Nevertheless, foreign actors have been prosecuted for their involvement in human smuggling, having sold Andorran resident permits to Chinese nationals, then smuggled them through Andorra into France. Andorra refuses to allow European forces to control its border, which would lead to a more coordinated effort to manage human smuggling in the region. There is no evidence indicating the existence of extortion and protection racketeering in Andorra. Arms trafficking occurs in Andorra but on a very small scale. Most cases typically involve weapons being smuggled from Andorra into France, as it is easier to acquire them in Andorra. It can be assumed that profits made from the illicit market are accrued by foreign actors and that demand comes from external sources. There is no evidence of local violence caused by actors engaged in arms trafficking. Since there is little hard evidence to support the existence of a counterfeit goods market, it is possible to speculate that it is not a major threat in Andorra. Conversely, the illicit trade in excise goods is prevalent in the country and mainly consists of tobacco smuggling. As tobacco tax is lower than in neighbouring Spain and France, every year there are multiple cases of tobacco smugglers operating from Andorra. Tobacco is distributed to countries outside the regulated trade market for the purpose of tax evasion. Historically, smugglers have used the mountainous border with Spain and France to move goods. There is no developed criminal market for flora in Andorra and no evidence of flora being brought illegally into or out of the country. Similarly, no significant criminal market for fauna exists in Andorra. While non-renewable resource crimes are infrequent in Andorra with minimal influence on society and accruing limited value, the trafficking and laundering of precious metals and minerals does occur, albeit on a small scale. The country was once considered a tax haven, which has probably increased the likelihood of money laundering schemes related to the trade in natural resources. Illicit drug trafficking does not pose a substantial threat in Andorra, as the local consumption of narcotics is low and drug traffickers in the region prefer more accessible routes through the ports of Perpignan and Biarritz in France and through ports in Spain. However, cases of heroin being trafficked into Andorra have been recorded, mainly involving loose criminal networks. Based on seizure statistics, it is likely that there is a larger market for cocaine than heroin, albeit still limited. Most seizures, however, involve Spanish and French tourists, as well as other non-residents who intend using the drug for personal consumption. Nevertheless, large quantities of cocaine destined for local markets have also been seized. The cannabis market is the biggest drugs-related threat in Andorra, although the market is not as big as it is in neighbouring countries. The local production of cannabis has increased in recent years, as have cannabis imports from neighbouring countries. Cannabis appears to be smuggled mostly from Spain and to a lesser extent from France, predominantly by criminal networks consisting mainly of Andorran residents. Trafficking routes reportedly go through official checkpoints and the mountainous terrain on country borders. The synthetic drugs market remains small, despite the increased proliferation of psychoactive substances in the region in recent years. Synthetic drugs are nevertheless trafficked into Andorra, coming primarily from northern Europe in cocaine and cannabis shipments. Cyber-dependent crime does not appear to be a major criminal market in Andorra and therefore does not represent a significant threat. However, there is anecdotal evidence of such crimes, especially in the form of cryptocurrency fraud. The national police force lacks a specialized unit to undertake investigations into cyber-dependent criminal activities, which makes it even more difficult to identify and prosecute such cases. In general, the increased control over the financial system has resulted in positive measures that prevent criminal organizations from committing financial crimes in Andorra. However, recent investigations show that the country has been used by some criminal organizations to evade taxes and hide money from other countries. Low taxes have attracted people reportedly involved in Ponzi schemes. Authorities and investigators from many countries are still carrying out operations and criminals, companies and organizations using Andorra as a tax haven to commit financial crimes have been detained. Foreign actors are among the most prominent criminal groups in Andorra. The country is a hub for some, especially those from outside the EU, who try to launder illicit money and start activities in Europe. In other cases, part of the Andorran financial system was used to bypass international laws and open secret offshore companies in remote tax havens. Some mafia groups may use Andorran banks to launder fraudulent money from mafia operations elsewhere, although evidence is sparse. In addition, criminal organizations from Russian-speaking countries and the Balkans are involved in burglaries and damage to property. Groups of jewellery thieves from China the Pink Pandas operate in Andorra as well. Cases of human smuggling perpetrated by Chinese criminal organizations have also been registered. Private sector actors in Andorra, especially the banking sector and legal firms, are reported to be complicit in illicit activities carried out by foreign actors. These illicit activities mainly involve the laundering of illicit proceeds generated through illicit operations carried out by mafia-style groups using offshore shell companies. Criminal networks operating in Andorra are market-specific and are involved predominantly in the drugs trade, especially the cultivation and trade of cannabis as well as tobacco smuggling. These networks are known to operate in cooperation with their foreign counterparts. State-embedded actors are not generally involved in transnational criminal activity, although certain transactions may occasionally involve cooperation between organized crime groups and officials. There is no information that any mafia-style groups operate in Andorra. Although there is not much evidence of organized crime in Andorra, the country emphasizes developing and implementing prevention strategies. There is political will to fight cybercrime and organized crime in general, exemplified by an agreement reached with Europol in to improve the exchange of information. Andorra has also been committed to fighting drug trafficking and the selling of cannabis to underage youth. In December , the Parliament approved a law to build a legal framework for the principle of transparency. Andorra generally complies with international standards on fighting organized crime and collaborates successfully with international institutions and mechanisms. Andorra has effective bilateral agreements, including cooperation protocols, with the Spanish police and more effective cooperation protocols with France are in development. Recently, the country took further steps to reinforce its cooperation with central and South American and European countries on transnational organized crime, specifically drug trafficking and human trafficking, with the aim of achieving an integrated plan to tackle organized crime. Andorra also adheres to the extradition conventions and treaties it is a signatory to and positively responds to extradition requests. Andorra signed and applied CITES measures in , thus specifically regulating the flora trade for the first time in the principality. It also has a satisfactory legal framework regulating most of the criminal markets, with the new addition of flora and fauna crimes in In addition, national legislation is being prepared to regulate against cybercrime and the criminal code includes provisions on cybercrime, cybersecurity and financial crimes. The Andorran judiciary has specialized units focusing on organized crime cases. The Andorran judicial system performs independently, without any political interference and upholds the principles of due process. This unit focuses on issues related to organized crime and shares intelligence with its partner countries. Andorran law enforcement also cooperates effectively with its international counterparts, especially with Spanish and French authorities by way of intelligence sharing and joint operations. Moreover, because Andorra is not part of the European Union or the Schengen Area, stricter border controls are enforced at crossing points, especially through close cooperation with the authorities from neighbouring countries at their mutual borders. However, while law enforcement measures have improved, the implementation of anti-crime measures is still lagging behind in some areas, especially as far as money laundering offences are concerned. Andorra used to be considered a tax haven and has a history of large-scale money laundering operations permeating the legal economy. Following a banking scandal of , however, the regulatory and institutional framework was reformed to meet international standards. The country has a financial intelligence unit, which is dedicated to implementing legal, regulatory and operational measures to combat money laundering, terrorism financing and the proliferation of weapons of mass destruction. Continuing efforts to strengthen anti-money laundering safeguards resulted in the country now being recognized as a low-risk country for money laundering and terrorism financing. Due to external pressures in the wake of the bank scandal, Andorra eased its bank secrecy laws and now complies with international standards on economic regulation. The economic environment allows for the expansion of legitimate businesses, and regulations have been introduced with the intention of creating a modern, transparent and internationally comparable regulatory framework that will attract both foreign investors and legitimate businesses. A specialized service for victims of human trafficking operates in Andorra, even though no cases of trafficking have been reported. There is an emphasis on prevention strategies to tackle organized crime, the most substantial relates to drug-use prevention. Prevention strategies have also been implemented for robbery, child abuse and cybercrime. In addition, the police force undertakes various actions to inform the population about how to protect themselves against cybercrime. Andorran journalists and media houses are free to report on news related to organized crime without fear of prosecution or retaliation. However, media outlets are reportedly dependent on political, business and religious interests, which heavily influence coverage. Conflicts of interest between these stakeholders, along with the level of difficulty associated with reporting on the activities of banks in the country, are among the biggest problems facing journalists. The criminal markets score is represented by the pyramid base size and the criminal actors score is represented by the pyramid height, on a scale ranging from 1 to The resilience score is represented by the panel height, which can be identified by the side of the panel. A series of 13 discussion papers, one for each illicit market considered during the development of the Index. We're constantly working to improve the Index. By participating in this survey, you will be providing us with insights and suggestions that will help us make the Index an even better resource. This report was funded in part by a grant from the United States Department of State. The opinions, findings and conclusions stated herein are those of the Global Initiative Against Transnational Organized Crime and do not necessarily reflect those of the United States Department of State. Capital Andorra La Valla. Income group High income. Population 79, Geography type Landlocked. Criminal markets 2. An assessment of the value, prevalence and non-monetary impacts of a specific crime type. Human trafficking 2. Human smuggling 3. Extortion and protection racketeering 1. Arms trafficking 2. Trade in counterfeit goods 2. Illicit trade in excisable goods 5. Flora crimes 1. Fauna crimes 1. Non-renewable resource crimes 3. Heroin trade 2. Cocaine trade 3. Cannabis trade 4. Synthetic drug trade 1. Cyber-dependent crimes 2. Financial crimes 6. Criminal actors 3. An assessment of the impact and influence of a specific criminal actor type on society. Mafia-style groups 1. Criminal networks 4. State-embedded actors 1. Foreign actors 6. Private sector actors 6. Political leadership and governance 7. Government transparency and accountability 7. International cooperation 8. National policies and laws 8. A state's legal action and structures put in place to respond to organized crime. Judicial system and detention 8. Law enforcement 8. Territorial integrity 7. Anti-money laundering 7. Economic regulatory capacity 8. Victim and witness support 8. Prevention 8. Non-state actors 8. Analysis Download full profile english. People Despite concerns over instances of forced labour in the seasonal and domestic work industries, no data is available to confirm the existence of a human trafficking market in Andorra. Trade Arms trafficking occurs in Andorra but on a very small scale. Environment There is no developed criminal market for flora in Andorra and no evidence of flora being brought illegally into or out of the country. Drugs Illicit drug trafficking does not pose a substantial threat in Andorra, as the local consumption of narcotics is low and drug traffickers in the region prefer more accessible routes through the ports of Perpignan and Biarritz in France and through ports in Spain. Cyber Crimes Cyber-dependent crime does not appear to be a major criminal market in Andorra and therefore does not represent a significant threat. Financial Crimes In general, the increased control over the financial system has resulted in positive measures that prevent criminal organizations from committing financial crimes in Andorra. Criminal Actors Foreign actors are among the most prominent criminal groups in Andorra. Leadership and governance Although there is not much evidence of organized crime in Andorra, the country emphasizes developing and implementing prevention strategies. Criminal justice and security The Andorran judiciary has specialized units focusing on organized crime cases. Economic and financial environment Andorra used to be considered a tax haven and has a history of large-scale money laundering operations permeating the legal economy. Civil society and social protection A specialized service for victims of human trafficking operates in Andorra, even though no cases of trafficking have been reported. Read the analysis Listen the podcasts View all events. Next Skip. How to measure organized crime? Read more on globalinitiative. Give us feedback We're constantly working to improve the Index.

Afghan Heroin & the CIA

Andorra buying Heroin

The Single Convention on Narcotic Drugs, Single Convention, Convention, or C61 is a United Nations treaty that controls activities cultivation, production, supply, trade, transport of specific narcotic drugs and lays down a system of regulations licenses, measures for treatment, research, etc. The Single Convention was adopted in \[ 1 \] and amended in The Single Convention as amended in had been ratified or acceded to by states. Since the Single Convention is not self-executing, parties must enact legislation to carry out its provisions, and the UNODC works with countries' legislatures to ensure compliance. The League of Nations adopted several drug control treaties prior to World War II, such as the International Opium Convention , and International Convention relating to Dangerous Drugs \[ 4 \] specifying uniform controls on addictive drugs such as cocaine and opium , and its derivatives. However, the lists of controlled substances were fixed in the treaties' text. Consequently, it was necessary to periodically amend or supersede the conventions with the introduction of new treaties to keep up with advances in chemistry. Anslinger , the cumbersome process of conference and state-by-state ratification could take many decades. A Senate of Canada committee reported: 'The work of consolidating the existing international drug control treaties into one instrument began in , but it was before an acceptable third draft was ready. The participating states organized themselves into five distinct caucuses: \[ 6 \]. These competing interests, after more than eight weeks of negotiations, finally produced a compromise treaty. Several controls were weakened; for instance, the proposed mandatory embargoes on nations failing to comply with the treaty became recommendations. The New York Opium Protocol, which had not yet entered into force, limited opium production to seven countries; the Single Convention lifted that restriction, but instituted other regulations and put the International Narcotics Control Board in charge of monitoring their enforcement. A compromise was also struck that allowed heroin and some other drugs classified as particularly dangerous to escape absolute prohibition. The Single Convention created four Schedules of controlled substances and a process for adding new substances to the Schedules without amending the treaty. The Schedules were designed to have significantly stricter regulations than the two drug 'Groups' established by predecessor treaties. For the first time, cannabis was added to the list of internationally controlled drugs. In fact, regulations on the cannabis plant — as well as the opium poppy , the coca bush, poppy straw and cannabis tops — were embedded in the text of the treaty, making it impossible to deregulate them through the normal Scheduling process. A issue of the Commission on Narcotic Drugs ' Bulletin on Narcotics proudly announced that 'after a definite transitional period, all non-medical use of narcotic drugs, such as opium smoking, opium eating, consumption of cannabis hashish, marijuana and chewing of coca leaves, will be outlawed everywhere. This is a goal which workers in international narcotics control all over the world have striven to achieve for half a century. The Single Convention entered into force on 13 December , having met Article 41 's requirement of 40 ratifications. As of 1 January , states were Parties to the treaty. The amendments entered into force on 8 August On 11 November , mechanisms for enforcing the Single Convention were expanded significantly by the entry into force of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances , which had been signed at Vienna on 20 December The Preamble to this treaty acknowledges the inadequacy of the Single Convention's controls to stop 'steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances'. The new treaty focuses on stopping organized crime by providing for international cooperation in apprehending and convicting gangsters and starving them of funds through forfeiture , asset freezing, and other methods. It also establishes a system for placing precursors to Scheduled drugs under international control. Some non-Parties to the Single Convention, such as Andorra , belong to this treaty and thus are still under the international drug control regime. The Single Convention repeatedly affirms the importance of medical use of controlled substances. The Preamble notes that 'the medical use of narcotic drugs continues to be indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of narcotic drugs for such purposes'. Articles 1, 2, 4, 9, 12, 19, and 49 contain provisions relating to 'medical and scientific' use of controlled substances. In almost all cases, parties are permitted to allow dispensation and use of controlled substances under a prescription , subject to record-keeping requirements and other restrictions. The Single Convention unambiguously condemns 'abuse of drugs' , even stating that 'addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind'. It takes a prohibitionist approach to the problem of drug addiction, attempting to stop all uses considered 'abuse' or 'addiction. Article 49 allows countries to phase out coca leaf chewing, opium smoking, and other traditional drug uses gradually, but provides that 'the use of cannabis for other than medical and scientific purposes must be discontinued as soon as possible'. The discontinuation of these prohibited uses is intended to be achieved by cutting off supply. Rather than calling on nations to prosecute drug users, the treaty focuses on traffickers and producers. As of , substances are controlled under the Single Convention. In the Single Convention, 'other than medical and scientific purposes' are not subject to the general legal framework established in Article 4 c , being exempt by a series of provisions referred to in article 4 c. Malta seem to have followed article 2 paragraph 9 of the Single Convention, which allow for the use of drugs, other than medical and scientific, in the context of industry. As scholars note: 'although formally binding, the penal provisions prove remarkably soft' \[ 18 \] \[ 19 \] \[ 20 \] and, as explained in the Commentary on the Single Convention, they are 'rather vague, and \[admit\] escape clauses for the benefit of those Governments to which even such vague norms would be unacceptable. Article 36 requires Parties to adopt measures against 'cultivation, production, manufacture, extraction, preparation, possession, offering, offering for sale, distribution, purchase, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation and exportation of drugs contrary to the provisions of this Convention,' as well as '\[i\]ntentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article', but it does not directly require criminalization of all the above; it states only in the cases of unspecified serious offences that they 'shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty. The Article also provides for extradition of drug offenders, although a Party has a right to refuse to extradite a suspect if 'competent authorities consider that the offense is not sufficiently serious. A loophole in the Single Convention is that it requires Parties to place anti-drug laws on the books, but does not clearly mandate their enforcement. Drug enforcement varies widely between nations. Many European countries, including the United Kingdom, Germany, and, most famously, the Netherlands , do not prosecute all petty drug offenses. Dutch coffee shops are allowed to sell small amounts of cannabis to consumers. However, the Ministry of Health, Welfare and Sport 's report, Drugs Policy in the Netherlands , notes that large-scale '\[p\]roduction and trafficking are dealt with severely under the criminal law, in accordance with the UN Single Convention. Each year the Public Prosecutions Department deals with an average of 10, cases involving infringements of the Opium Act. Singapore mandates the death penalty for trafficking in 15 g half an ounce of heroin, 30 g of cocaine or g of cannabis. The Single Convention's penal provisions frequently begin with clauses such as 'Subject to its constitutional limitations, each Party shall It is unclear whether or not the treaty requires criminalization of drug possession for personal use. The treaty's language is ambiguous, and a ruling by the International Court of Justice would probably be required to settle the matter decisively. However, several commissions have attempted to tackle the question. With the exception of the Le Dain Commission, most have found that states are allowed to legalize possession for personal use. The Canadian Le Dain Commission of Inquiry into the Non-Medical Use of Drugs ' report cites circumstantial evidence suggesting that states must prohibit possession for personal use: \[ 25 \]. It has generally been assumed that 'possession' in Article 36 includes possession for use as well as possession for the purpose of trafficking. This is a reasonable inference from the terms of Article 4 , which obliges the parties 'to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs'. There is also Article 33 , which provides that 'The Parties shall not permit the possession of drugs except under legal authority. On the face of Article 26 it would not be unreasonable to argue that what is contemplated is possession for the purpose of trafficking rather than possession for use, and that the requirements of the article are satisfied if the former kind of possession is made a penal offense. The prevailing view, however, is that the word 'possession' in Article 36 includes simple possession for use. The costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. We, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. The substantive argument in support of simple possession falling outside the scope of Article 36 is founded on the assumption that it is intended to insure a penal response to the problem of illicit trafficking rather than to punish drug users who do not participate in the traffic. See United Nations, ; Noll, —45 The Third Draft of the Single Convention, which served as the working document for the Plenipotentiary Conference, contained a paragraph identical to that which now appears as Article 36 , subparagraph 1 a. This paragraph was included in a chapter entitled Measures Against Illicit Traffickers , but the format by which the Third Draft was divided into chapters was not transferred to the Single Convention, and this, apparently, is the sole reason why this chapter heading, along with all others, was deleted. See United Nations, Article 36 is still located in that part of the Convention concerned with the illicit trade, sandwiched between Article 35 Action Against the Illicit Traffic and Article 37 Seizure and Confiscation. In addition This is because 'use' is not specifically covered by Article 36 and the term 'possession' in that Article and elsewhere can be read as confined to possession for the purpose of dealing'. The American Shafer Commission reached a similar conclusion in , finding 'that the word 'possession' in Article 36 refers not to possession for personal use but to Possession as a link in illicit trafficking. The Canadian Department of National Health and Welfare report cites the Commentary itself in backing up its interpretation: \[ 27 \]. Secretary-General, adopts a permissive interpretation of possession in Article It notes that whether or not the possession of drugs including prohibited forms of cannabis for personal use requires the imposition of penal sanctions is a question which may be answered differently in different countries. Further, the Commentary notes that parties which interpret Article 36 as requiring a punitive legal response to simple possession, may undoubtedly choose not to provide for imprisonment of persons found in such possession, but to impose only minor penalties such as fines or even censure since possession of a small quantity of drugs for personal consumption may be held not to be a serious offense under article The Bulletin on Narcotics attempted to tackle the question in \[ 28 \]. Since some confusion and misunderstanding had existed in the past and some instances still persist in respect of the legal position laid down in the international treaties concerning the relationship between penal sanctions and drug abuse, some clarifying remarks are called for. First of all, Article 4 of the Single Convention contains the general obligations for Parties to this Convention to 'take such legislative and administrative measures as may be necessary, subject to the provisions of this Convention, to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs'. From the contents of this provision it is clear that use of drugs and their possession for personal consumption has also to be limited by legislation and administrative measures exclusively to medical and scientific purposes. Consequently, 'legalization' of drugs in the sense of making them freely available for non-medical and non-scientific purposes-as it is sometimes demanded by public mass media and even experts in discussions on the subject-is without any doubt excluded and unacceptable under the present international drug control system as established by the international treaties. The question, however, remains whether Parties are obliged by the international treaties to apply penal sanctions for unauthorized use and unauthorized possession of drugs for personal consumption. It is on this point that confusion still exists and clarification is needed. It is a fact that 'use' or 'personal consumption' is not enumerated amongst the punishable offences in accordance with paragraph 1 of Article 36 of the Single Convention. Although, as mentioned above, Parties are required to limit the use of drugs exclusively to medical and scientific purposes, the Single Convention does not require them to attain the goal by providing penal sanctions for unauthorized 'use' or 'personal consumption' of drugs. Unauthorized 'possession' of drugs is mentioned in paragraph 1 of Article 36, but from the context it is clear that, as stated in the Official Commentary by the Secretary-General of the United Nations, 'possession' of drugs for personal consumption is not to be considered a 'punishable offence' by a Party to the Single Convention. The whole international drug control system envisages in its penal provisions the illicit traffic in drugs; this also holds true for the Protocol Amending the Single Convention and for the Convention on Psychotropic Substances. As there is no obligation to provide penal sanctions for 'use' in the sense of personal consumption and 'possession' of drugs for personal consumption, any criticism levelled against the international drug control system by protagonists in favour of the so-called 'liberalization' or decriminalization or 'de-penalization' of use and possession of drugs for personal consumption is quite beside the point. The Single Convention places generally the same restrictions on cannabis cultivation that it does on opium cultivation, although there are cannabis-specific dispositions. Article 23 and Article 28 require each Party to establish a government agency to control cultivation for medical and scientific purposes. Cultivators must deliver their total crop to the agency, which must purchase and take physical possession of them within four months after the end of harvest. The agency then has the exclusive right of 'importing, exporting, wholesale trading and maintaining stocks other than those held by manufacturers. In addition, article 2 9 exempts the cannabis tops and resin obtained from hemp grown according to article Once on a path to reduction, there are now an increasing number of countries worldwide which are returning to hemp cultivation, often a traditional crop in various regions of the world, according to a report of the United Nations Conference on Trade and Development. The treaty updated the Paris Convention of 13 July , to include the vast number of synthetic opioids invented in the intervening 30 years and to add a mechanism for more easily including new ones. Research on fentanyls and piritramide R, Pirium, Dipidolor, Piridolan, among others was also nearing fruition at that point. Earlier treaties had only controlled opium , coca , and derivatives such as morphine , heroin , and cocaine. The Single Convention, adopted in , consolidated those treaties and broadened their scope to include cannabis and other substances with effects similar to drugs already covered. The Commission on Narcotic Drugs and the World Health Organization were empowered to add, remove, and transfer drugs among the treaty's four schedules of controlled substances. The International Narcotics Control Board was put in overall control of drug production, international trade, and dispensation. The list of drugs initially controlled was annexed to the treaty. Article 3 states that for a drug to be placed in a Schedule, the World Health Organization must make the findings required for that Schedule, to wit:. According to the Commentary, is the category of drugs whose control provisions 'constitute the standard regime under the Single Convention. Note on preparations: all preparations made direct from opium are considered to be opium preparations , if the preparations are not made direct from opium itself but are obtained by a mixture of opium alkaloids as is the case, for example, with pantopon , omnopon and papaveretum they should be considered as morphine preparations. Synthetic open chain opioids — thiambutenes :. The Commentary confirms, 'Drugs in Schedule II are subject to the same measures of control as drugs in Schedule I, with only a few exceptions': \[ 8 \]. Schedule III 'contains preparations which enjoy a privileged position under the Single Convention, i. Preparations conforming to any of the formulas listed in this Schedule and mixtures of such preparations with any material which contains no drug. This is the category of drugs, such as heroin, that are considered to have 'particularly dangerous properties' in comparison to other drugs ethanol is left unregulated. According to Article 2 , 'The drugs in Schedule IV shall also be included in Schedule I and subject to all measures of control applicable to drugs in the latter Schedule' as well as whatever 'special measures of control'; each Party deems necessary. This is in contrast to the U. Under certain circumstances, Parties are required to limit Schedule IV drugs to research purposes only:. For a considerable period of time — and still at the time of writing — there has been no significant diversion of legally manufactured drugs from legal trade into illicit channels; but if a Government were unable to prevent such a diversion of drugs in Schedule IV, a situation would arise in which the measures of prohibition mentioned in subparagraph b would be 'the most appropriate means of protecting the public health and welfare'. Whether this was or was not the case would be left to the judgement of the Party concerned whose bona fide opinion on this matter could not be challenged by any other Party. Another situation in which measures of prohibition would be 'appropriate' for the protection of public health and welfare might exist where the members of the medical profession administered or prescribed drugs in Schedule IV in an unduly extensive way, and other less radical measures, such as warnings by public authorities, professional associations or manufacturers, were ineffective. It may however be assumed that such a situation could rarely if ever arise. The Commentary notes that 'Whether the prohibition of drugs in Schedule IV cannabis and resin, desomorphine , heroin, ketobemidone should be mandatory or only recommended was a controversial question at the Plenipotentiary Conference. Cannabis and cannabis resin were present in Schedule IV from until 2 December And the salts of the drugs listed in this schedule whenever the formation of such salts is possible. The Single Convention allows only drugs with morphine-like, cocaine-like, and cannabis-like effects to be added to the Schedules. The strength of the drug is not relevant; only the similarity of its effects to the substances already controlled. For instance, etorphine and acetorphine were considered sufficiently morphine-like to fall under the treaty's scope, although they are many times more potent than morphine. However, according to the Commentary: \[ 38 \]. The Office of Legal Affairs of the United Nations ruled, in an opinion given to the Commission on Narcotic Drugs at its twenty-third session, that barbiturates , tranquillizers and amphetamines were outside the scope of the Single Convention. It pointed out that there was an understanding at all stages of the drafting of the Single Convention, in particular at the Plenipotentiary Conference of which adopted that treaty, that the Convention was not applicable to these three types of substances, although the effects of amphetamines have some degree of similarity to cocaine, and those of barbiturates and tranquillizers to morphine. Since cannabis is a hallucinogen although some dispute this , the Commentary speculates that mescaline , psilocybin , tetrahydrocannabinol , and LSD could have been considered sufficiently cannabis-like to be regulated under the Single Convention; however, it opines, 'It appears that the fact that the potent hallucinogenics whose abuse has spread in recent years have not been brought under international narcotics control does not result from legal reasons, but rather from the view of Governments that a regime different from that offered by the Single Convention would be more adequate. The Convention on Psychotropic Drugs' scope can include any drug not already under international control if the World Health Organization finds that:. The reason for sharply limiting the scope of Single Convention to a few types of drugs while letting the Convention on Psychotropic Drugs cover the rest was concern for the interests of industry. Professor Cindy Fazey 's The Mechanics and Dynamics of the UN System for International Drug Control explains, 'concerted efforts by drug manufacturing nations and the pharmaceutical industry ensured that the controls on psychotropics in the treaty were considerably looser than those applied to organic drugs in the Single Convention. A failed 24 March European Parliament committee report noted the disparity in how drugs are regulated under the two treaties: \[ 40 \] \[ 41 \]. The Convention, which closely resembles the Single Convention, establishes an international control which is clearly less rigorous for the so-called 'psychotropic' substances, generally produced by the pharmaceutical industry For this reason, the European Parliament , Transnational Radical Party , and other organizations have proposed removing cannabis and other drugs from the Single Convention and scheduling them under the Convention on Psychotropic Substances. Furthermore, the provisions of the Single Convention regarding the national supply and demand of opium to make morphine contribute to the global shortage of essential poppy-based pain relief medicines. According to the convention, governments can only request raw poppy materials according to the amount of poppy-based medicines used in the two preceding years. Consequently, in countries where underprescription is chronic due to the high prices of morphine and lack of availability and medical training in the prescription of poppy-based drugs, it is impossible to demand enough raw poppy materials from the INCB, as the convention's regulating body, to meet the country's pain relief needs. Rehm, and T Culbert, 'Opium based medicines: a mapping of global supply, demand and needs' in Spivack D. Many critics of the Convention cite this as one of its primary limitations and the World Health Organization is currently attempting to increase prescription of poppy-based drugs and to help governments of emerging countries in particular alter their internal regulations to be able to demand poppy-based medicines according to the convention's provisions see the WHO 'Assuring Availability of Opioid Analgesics for Palliative Care' \[ 44 \]. The Senlis Council , a European drug policy thinktank, proposes creating a second-tier supply system that would complement the existing system without altering the balance of its relatively closed supply and demand system. The council, who support licensing poppy cultivation in Afghanistan to create Afghan morphine, believe the opium supply in this country could go a long way to easing the pain relief needs of sufferers in emerging countries by producing a cheap poppy-based medicine solution see \[The Senlis Council\]: 'Poppy for Medicine'. There has long been a controversy over whether cannabis is 'particularly liable to abuse and to produce ill effects' and whether that 'liability is not offset by substantial therapeutic advantages', as required by Schedule IV criteria. Cannabinoids natural and synthetic and opioids synthetic and semisynthetic are scheduled by Convention on Psychotropic Substances. Semisynthetic agonist—antagonist opioids:. Some opioids currently or formerly used in medicine are not scheduled by UN conventions, for example:. There are of course many opioid designer drugs , not used in medicine. Any Party to the treaty may request an amendment to the Schedules, or request a review of the commission's decision. The Economic and Social Council is the only body that has power to confirm, alter, or reverse the CND's scheduling decisions. The CND's annual meeting serves as a forum for nations to debate drug policy. At the meeting, France, Germany, the Netherlands , Canada, Australia and Iran rallied in opposition to the UN's zero-tolerance approach in international drug policy. Their appeal was vetoed by the United States, while the United Kingdom delegation remained reticent. Walters advocated strict prohibition, while Costa opined, 'We must not deny these addicts any genuine opportunities to remain HIV-negative. The International Narcotics Control Board INCB is mandated by Article 9 of the Single Convention to 'endeavour to limit the cultivation, production, manufacture and use of drugs to an adequate amount required for medical and scientific purposes, to ensure their availability for such purposes and to prevent illicit cultivation, production and manufacture of, and illicit trafficking in and use of, drugs. Article 21 provides that 'the total of the quantities of each drug manufactured and imported by any country or territory in any one year shall not exceed the sum of' the quantity:. Article 21 bis , added to the treaty by a amendment, gives the INCB more enforcement power by allowing it to deduct from a nation's production quota of cannabis , opium , and coca the amounts it determines have been produced within that nation and introduced into the illicit traffic. This could happen as a result of failing to control either illicit production or diversion of licitly produced opium to illicit purposes. The Single Convention exerts power even over those nations that have not ratified it. The International Narcotics Board states: \[ 56 \]. The fact that the system generally works well is mainly due to the estimates system that covers all countries whether or not parties to the Convention. Countries are under an obligation not to exceed the amounts of the estimates confirmed or established by the INCB. Article 14 authorizes the INCB to recommend an embargo on imports and exports of drugs from any noncompliant nations. The INCB can also issue reports critical of noncompliant nations, and forward those reports to all Parties. This happened when the United Kingdom reclassified cannabis from Class B to class C, eliminating the threat of arrest for possession. The most controversial decisions of the INCB are those in which it assumes the power to interpret the Single Convention. Germany, the Netherlands , Switzerland, and Spain continue to experiment with medically supervised injection rooms, despite the INCB's objections that the Single Convention's allowance of 'scientific purposes' is limited to clinical trials of pharmaceutical grade drugs and not public health interventions. As international lawyer Bill Bush notes, 'Because of the Tasmanian opium poppy industry, Australia is more vulnerable to political pressure than, say, Germany. The INCB is an outspoken opponent of drug legalization. Its report rejects a common argument for drug reform, stating, 'Persons in favour of legalizing illicit drug use argue that drug abusers should not have their basic rights violated; however, it does not seem to have occurred to those persons that drug abusers themselves violate the basic rights of their own family members and society. Article 48 designates the International Court of Justice as the arbiter of disputes about the interpretation or application of the Single Convention, if mediation , negotiation , and other forms of alternative dispute resolution fail. Article 44 provided that the Single Convention's entry into force terminated several predecessor treaties, including:. The Single Convention is supplemented by two other major drug control treaties :. Contents move to sidebar hide. Article Talk. Read Edit View history. Tools Tools. Download as PDF Printable version. In other projects. Article 44 of the Convention terminated a number of previous drug control treaties. Ratification \[ edit \]. History \[ edit \]. Provisions \[ edit \]. Purposes \[ edit \]. Medical and scientific purposes \[ edit \]. Non-medical and non-scientific purposes \[ edit \]. Penal provisions \[ edit \]. Possession for personal use \[ edit \]. Regulation of cannabis and hemp cultivation \[ edit \]. Main articles: Cannabis and international law and Removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, Drugs and preparations under control \[ edit \]. Schedules \[ edit \]. Schedule I \[ edit \]. Schedule II \[ edit \]. Schedule III \[ edit \]. Schedule IV \[ edit \]. Limitation of scope \[ edit \]. Rescheduling of cannabis \[ edit \]. Main article: Removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, Drugs and substances scheduled in other treaties \[ edit \]. Opioids not scheduled \[ edit \]. See also: Template:Opioids. See also \[ edit \]. Governance \[ edit \]. Related treaties \[ edit \]. Previous treaties \[ edit \]. Complementary treaties \[ edit \]. Other treaties referring to the Single Convention \[ edit \]. References \[ edit \]. United Nations Treaty Series. Secretary-General of the United Nations. Archived from the original on 8 September Retrieved 8 September Vienna, Austria: United Nations. Archived PDF from the original on 30 November ATS 5 of United Nations Office of Drugs and Crime. Archived from the original on 27 October Retrieved 27 October Archived from the original on 17 November Retrieved 15 October Archived from the original on 21 July Retrieved 8 January Retrieved 14 March Archived from the original on 26 September Archived from the original on 9 January Retrieved 9 January Roadmaps to reforming the UN Drug Conventions. Oxford : Beckley Foundation. March 16, '. Archived from the original on 9 December Retrieved 8 December Rochester, NY. SSRN Archived from the original on 27 January Archived from the original on 15 November Journal of Law and Society. S2CID Archived PDF from the original on 2 November Retrieved 17 September Food, Drug, Cosmetic Law Journal. ISSN JSTOR Archived from the original on 28 February Retrieved 28 February New York: United Nations. Archived PDF from the original on 28 February Archived from the original on 20 October Archived from the original on 10 April Archived from the original on 2 September Archived from the original on 4 May Peter Stein'. Archived from the original on 21 October Archived from the original on 24 February Preprint — via ResearchGate. United Nations Conference on Trade and Development. Archived PDF from the original on 6 December New-York: United Nations. Archived from the original on 26 May Retrieved 26 May United Nations Commission on Narcotic Drugs. Archived from the original on 9 March UN News. Archived from the original on 7 January Reclassifies Cannabis as a Less Dangerous Drug'. The New York Times. Archived from the original on 10 January Archived from the original on 3 December Retrieved 3 December Deze website is te koop! Archived from the original on 27 September Archived from the original on 13 May Retrieved 26 November Archived from the original on 18 February Archived from the original on 13 January Archived from the original on 12 January Archived from the original on 1 December Archived from the original on 1 January Scheduling in the international drug control system PDF. Archived PDF from the original on 1 September Retrieved 3 October Retrieved 29 October History, science, and politics of international cannabis scheduling, — ISBN World Health Organization. Archived from the original on 27 May Drugs, Habits and Social Policy. Archived from the original on 3 October Archived from the original on 17 January Archived from the original on 22 November Archived from the original on 15 June Is the decriminalisation of possession of controlled substances for personal use consistent with international law? Archived PDF from the original on 2 October Further reading \[ edit \]. Notes \[ edit \]. 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Cannabis marijuana , cannabis resin, and extracts and tinctures of cannabis Coca leaf, cocaine and ecgonine: coca leaves — the leaf of the coca bush plant material , except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed cocaine methyl ester of benzoylecgonine — an alkaloid found in coca leaves or prepared bionthesis from ecgonine ecgonine , its esters and derivatives which are convertible to ecgonine and cocaine Natural opiates: opium — the coagulated juice of the opium poppy, plant species Papaver somniferum L. Isomers specifically excluded both synthetic non-opioids being morphinan derivatives : dextromethorphan dextrorphan. Natural opioids: codeine — alkaloid contained in opium and poppy straw Semisynthetic opioids: acetyldihydrocodeine dihydrocodeine ethylmorphine nicocodine nicodicodine pholcodine Natural codeine metabolite: norcodeine Synthetic open chain opioids — phenalkoxams: dextropropoxyphene Synthetic open chain opioids — ampromides: propiram And: the isomers, unless specifically excepted, of the drugs in this schedule whenever the existence of such isomers is possible within the specific chemical designation; the salts of the drugs listed in this schedule, including the salts of the isomers as provided above whenever the existence of such salts is possible. Preparations of narcotic drugs exempted from some provisions: acetyldihydrocodeine , codeine , dihydrocodeine , ethylmorphine , nicocodine , nicodicodine , norcodeine , pholcodine when compounded with one or more other ingredients and containing not more than milligrams of the drug per dosage unit and with a concentration of not more than 2. Semisynthetic opioids: acetorphine desomorphine etorphine heroin Synthetic opioids — fentanyl and derivatives: acetyl-alpha-methylfentanyl alpha-methylfentanyl alpha-methylthiofentanyl beta-hydroxyfentanyl beta-hydroxymethylfentanyl 3-methylfentanyl 3-methylthiofentanyl para-fluorofentanyl thiofentanyl Synthetic 4-phenylpiperidine opioids — prodines: desmethylprodine MPPP PEPAP Synthetic 4-phenylpiperidine opioids — ketobemidones: ketobemidone And the salts of the drugs listed in this schedule whenever the formation of such salts is possible. Charter Preamble.

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