Provision improving control of
chemical substances for drug-making
approved by Andean Community
Cusco, Dec.
7, 2004. The Andean Community
became the first regional group in
the world to approve a Community
regulation for the control and
surveillance of chemical
substances used in the illegal
production of narcotic drugs and
psychotropic substances.
The provision
was approved by the Andean Council
of Foreign Ministers meeting in
enlarged session with the
Ministers of Foreign Trade during
the Special Meeting of the Andean
Presidential Council taking place
in Cusco.
The purpose
of the regulation is to give the
Andean countries a stronger joint
capacity of response and the
possibility to optimize parameters
in controlling and overseeing the
import, export, and transportation
of chemical substances and any
other transaction at the Andean
level and from third countries
that involve such substances.
For purposes
of effective Community control,
the CAN provision incorporates a
list of controlled chemical
substances (Annex I) with their
generic and chemical names, the
CAS code, and its respective
numerical codes in the NANDINA
Harmonized System classification.
It also
spells out the import, transit,
and transfer requirements. By way
of example, it stipulates that
“those who import or export
controlled chemical substances
must show evidence of possessing
the corresponding authorizations
and permits, without prejudice to
their fulfillment of the
registration, classification,
licensing and filing requirements
established for those substances
in each country’s national
legislation.”
The Community
provision stipulates that the
competent administrative
authorities shall keep a registry
of individuals and legal entities
authorized to import or export
controlled chemical substances.
It further
stipulates that the Andean
country, before exporting such
substances and through its
competent authorities, shall
notify the competent authority of
the importing country about the
said export, using the form
prepared by the International
Narcotics Control Board (INCB) for
that purpose.
Decision 505
on the Andean Cooperation Plan for
the Control of Illegal Drugs and
Related Offenses of June 2001 and
the first Operational Plan of the
Action Program for implementing
that Decision, approved in
November 2001 in La Paz, Bolivia,
reflect the concern that exists
over the control of chemical
inputs at the Andean level.