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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


GERMANY

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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