Equipment and the provisions of the 1988 Convention and relevant resolutions
Article 13 of the 1988 Convention requires parties to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and to cooperate with each other. However, it does not contain any specific provisions that would define how this article should be implemented.
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Article 13 of the 1988 Convention
"The Parties shall take such measures as they deem appropriate to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and shall cooperate to this end." |
Article 3, paragraph 1, subparagraph (a) (iv), of the 1988 Convention, provides a framework for national efforts to counter and establish as criminal offences under each country's domestic law, the manufacture, transport or distribution of equipment when it is to be used for illicit purposes. These provisions are extended to the possession of equipment (art. 3, paragraph. 1, subparagraph (c) (ii))
Parties to the Convention thus share the responsibility for preventing the diversion of materials and equipment in the context of article 13, and to cooperate to that end. These provisions relate not only to equipment used for illicit laboratories within a party's territory, but also to equipment that is exported from the party's territory to other countries. Under Article 13, parties are required to cooperate with each other in preventing the trade in and diversion of equipment for illicit use. (para. 13.3 of the Commentary on the 1988 Convention).
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Article 3 of the 1988 Convention
Offences and Sanctions
1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally:
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Resolutions of the Commission of Narcotic Drugs regarding the implementation of article 13 of the 1988 Convention on illicit drug manufacturing equipment
The importance of article 13 of the 1988 Convention for a comprehensive approach to illicit drug manufacturing has been further restated by both the Commission on Narcotic Drugs (CND) and the International Narcotic Control Board (INCB) in the latest years. In 2005, CND Resolution 48/11 called upon Governments to initiate, where appropriate, investigations into seizures and cases involving the diversion or smuggling of precursors and essential equipment and to track them back to the source of diversion. It also encouraged Governments to communicate details of those seizures and backtracking investigations on a real-time basis with other Governments and the International Narcotics Control Board.
In March 2019, CND Resolution 62/4, called on Governments to increase the operational use of article 13 and take appropriate measures to prevent trade in and the diversion of equipment used in illicit drug manufacture. It also encouraged INCB to develop guidelines to prevent and investigate cases of diversion of equipment for illicit drug manufacture in the context of article 13.
In March 2020, CND Resolution 63/1, encouraged governments to consider applying the "Guidelines to prevent trade in and the diversion of essential equipment for illicit drug manufacture" developed by INCB, to assist Governments in increasing the operational use of article 13 of the 1988 Convention, by taking appropriate measures to prevent and investigate the diversion of equipment for use in the illicit manufacture of drugs.
INCB activities related to illicit drug manufacturing equipment
Over the last years, INCB has conducted several activities to raise awareness and guide international policy efforts and actions with the aim of preventing the diversion of equipment essential for illicit drug manufacture, enhancing the operational use of article 13 and encouraging cooperation in that regard.
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