Draft Model Memorandum of Understanding to promote
voluntary cooperation between Government and Chemical
Industry to enhance Precursors Chemicals Control
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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 drugs1.
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:
http://www.incb.org/incb/en/precursors/cna.html ) in April 2009.
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 28-30 April 2014. 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.
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1
Third Ministerial Conference of the Paris Pact Partners on Combating Illicit Traffic in Opiates Originating in
Afghanistan, Vienna, 16 February 2012;
55th 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, 12-16 March 2012;
30th International Drug Enforcement Conference, Moscow, 5-7 June 2013, Russian Federation;
INCB-UNODC International Conference on Precursors Control in Asia, Bangkok, 2-4 December 2013
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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)___
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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.
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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.
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_____(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.
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