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U.S. DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT, MARCH 1996: GERMANY
United States Department of State
Bureau for International Narcotics and Law Enforcement Affairs
I. Summary
The Federal Republic of Germany (FRG) is not a major narcotics producing
country, but it is an important consumer and transit country. With its
historic strength in the chemical and pharmaceutical industries, Germany
manufactures or sells most precursor and essential chemicals. Germany
is becoming more active in the fight against money laundering and takes
a global approach to combatting narcotics trafficking.
Heroin abuse appears to be on the decline, although it remains a
significant problem. The use of cocaine, amphetamines and ecstasy is
growing, and LSD also appears to be on the rise. Heroin shipments
originating in Turkey or Southwest Asia are funneled into Germany
through Eastern and Central Europe. The Netherlands and Poland continue
to be Germany's primary source for illicit amphetamines.
German and American authorities cooperate and consult extensively on
prevention programs, interdiction, money laundering, and Dublin Group
matters. Demand prevention continues to be an important tool in
Germany's drug policy. On the law enforcement side, the German police
use sophisticated interdiction techniques and have had great success
seizing narcotics shipments and uncovering illegal amphetamine
laboratories.
II. Status of Country
Heroin abuse is declining, but cocaine and amphetamine use is rising.
The number of first-time users of heroin has decreased by nearly 18%,
although the total number of first-time users still creates a demand.
According to German officials, heroin seizures during the first nine
months of 1995 decreased by nearly 50%, compared to the same time period
in 1994.
Demand for synthetic drugs, especially ecstasy, is growing. According
to the FRG's narcotics situation report, seizures of ecstasy were up
137% in the first nine months of 1995. LSD use and seizures were also
up, and the first-time use of amphetamines has increased 34%. The
Netherlands remains the main country of origin for synthetic drugs.
The number of first-time users of cocaine increased only 1.4%, after a
30% rise in 1994, although cocaine seizures for the first nine months of
1995 are already double that of the entire previous year. Colombian
drug cartels continue to be attracted to the lucrative European market
where cocaine prices are significantly higher than in the United States.
By the 30th of September 1995, 1,051 drug deaths were reported in
Germany, an 8.6% decrease over the first nine months of 1994.
III. Country Actions Against Drugs in 1995
Policy Initiatives. Germany is considering implementing a new program
towards heroin addicts that would include a methadone program and
extensive psychotherapy for the addict. A German Supreme Court decision
in 1994 to tolerate (but not technically legalize) possession of small
amounts of cannabis continues to cause controversy between the Federal
Government and the states, which have their own laws defining what
constitutes a "small quantity." This controversy reflects a lack of
consensus in German society on this subject.
Germany is an active member of various international counter-narcotics
groups including the Dublin Group, and is a major donor to the UN Drug
Control Program (UNDCP). According to UNDCP, Germany pledged
approximately $6.4 million in FY95 contributions to the UNDCP. Germany
is promoting an alternative development strategy in Bolivia and Peru
focusing on regional economic development.
Accomplishments. Seizures of synthetic drugs, especially ecstasy and
LSD, are up sharply. Germany has modernized its drug monitoring system
in the Port of Hamburg so that the Port now has the ability to X-ray
containers.
Law Enforcement Efforts. Germany gives high priority to counternarcotics
law enforcement; authorities continue to be efficient and
effective; and measures taken in accord with the country's counternarcotics
plans are adequate. Cooperation with US law enforcement
officials is excellent, and German law enforcement agencies take an
increasingly global approach to combatting narcotics trafficking.
Germany has taken appropriate steps toward strengthening its law
enforcement efforts in money laundering, although the 1993 money
laundering law has shortcomings that hinder its effectiveness. The law
is difficult to implement because the burden of proof is on the
Government, which has only 48 hours to develop its case. The German
Interior Ministry has announced its intention to tighten money
laundering laws.
The FRG has the authority to seize assets, and the law allows for civil
and criminal forfeiture. But other than normal inventory procedures,
Germany has not established separate systems for identifying, tracing,
freezing, seizing, and forfeiting narcotics-related assets; nor has it
enacted laws for sharing seized narcotics assets with other governments;
nor is new legislation being considered. Weaknesses in the reporting
requirements may allow traffickers to shield assets. To the extent that
the law allows, German authorities cooperate with US efforts to trace or
seize assets, and the Government makes use of tips from other country
enforcement officials regarding the flow of drug-derived assets.
The banking community cooperates with enforcement efforts. No
retaliatory actions by traffickers against money laundering
investigations, government cooperation with the USG, or seizure of
assets have been reported.
Corruption. Drug-related corruption among officials is not a problem.
Germany does not encourage or facilitate illicit production or
distribution of narcotic or psychotropic drugs or other controlled
substances, or the laundering of proceeds from illegal drug
transactions.
Agreements and Treaties. Germany is a party to the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Germany has participated in the Financial Action Task Force (FATF) and
is a part of the EU chemical control effort. At present, there is no
Mutual Legal Assistance Treaty between the United States and Germany.
Without such a treaty, the US Department of Justice has to go through
"letter rogatory" procedures to obtain evidence necessary for
prosecutions in almost all investigative requests.
Cultivation/Production. There is no reported illicit cultivation of
natural narcotics, or illicit production of opium or coca in Germany.
Poppy seeds for use in bakeries are licensed on a small scale in Bavaria
only. This production is under strict control, and no diversion has
been reported.
There were no reported illicit heroin laboratories in Germany during
this past year. One crack cocaine laboratory was seized in 1995. A
total of eight clandestine laboratories were seized during the first
three quarters of 1995. Of these, five were amphetamine laboratories.
A recent investigation led to the immobilization of a major steroid
trafficking organization in Germany, yet Germany continues to be a
source country for anabolic steroids entering the illicit market.
Drug Flow/Transit. Germany's location at the center of Europe makes it
a key crossroad for drug trafficking. The major seaports of Hamburg,
Bremen, and Rostock are important ports of entry for drugs smuggled into
Germany concealed in containerized cargo. Frankfurt International
Airport is a hub for drugs carried by air couriers originating from the
Orient, Southwest Asia, Africa, and South America. Turkey continues to
be the most important source and transit country for heroin seized in
Germany. Most of the heroin is transported through various Balkan
routes.
Demand Reduction. Germany has a very active demand reduction program on
both the federal and state levels. The goals of Germany's drug
reduction program are total abstinence from illegal drugs; self-control
when using "legal addictive substances" (alcohol and tobacco); and use
of medication in accordance with directions. Target groups include the
general public, the media, school personnel, those involved with youth
outside of school, young adults, and parents.
IV. US Policy Initiatives and Programs
Bilateral Cooperation. US and German law enforcement cooperation is
excellent. German and US authorities routinely cooperate on joint
investigations of international drug trafficking organizations. The
Internal Revenue Service (IRS), the Drug Enforcement Administration
(DEA), Federal Bureau of Investigations (FBI), and US Customs Service
presented four money laundering seminars to compare US and German money
laundering laws in Stuttgart, Dusseldorf, Berlin, and Leipzig. The
seminars were hosted by the US Consuls General of each city and were
attended by large numbers of German police, tax, and Customs officials,
and by prominent leaders of the German banking community.
The Road Ahead. The United States will continue its effective working
relationship with German authorities bilaterally and through the Dublin
Group. The IRS, in an effort to develop better liaison and develop
prosecutable money laundering cases, has established a Frankfurt suboffice,
which will become operational in January 1996, staffed by an IRS
criminal investigator who is charged primarily with money laundering
investigations.
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