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### Viewing cable 09BRASILIA757, BRAZIL: BILATERAL ACCORDS A KEY COMPONENT IN

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09BRASILIA757 | 2009-06-16 19:07 | 2010-12-05 12:12 | CONFIDENTIAL | Embassy Brasilia

`

    VZCZCXRO0028
    RR RUEHRG
    DE RUEHBR #0757/01 1671920
    ZNY CCCCC ZZH
    R 161920Z JUN 09
    FM AMEMBASSY BRASILIA
    TO RUEHC/SECSTATE WASHDC 4492
    INFO RUEHAC/AMEMBASSY ASUNCION 7560
    RUEHLB/AMEMBASSY BEIRUT 0067
    RUEHBO/AMEMBASSY BOGOTA 4936
    RUEHBU/AMEMBASSY BUENOS AIRES 6259
    RUEHCV/AMEMBASSY CARACAS 4391
    RUEHLP/AMEMBASSY LA PAZ 6905
    RUEHPE/AMEMBASSY LIMA 4260
    RUEHLI/AMEMBASSY LISBON 0515
    RUEHMD/AMEMBASSY MADRID 0732
    RUEHME/AMEMBASSY MEXICO 2164
    RUEHMN/AMEMBASSY MONTEVIDEO 7772
    RUEHSG/AMEMBASSY SANTIAGO 0971
    RUEHRG/AMCONSUL RECIFE 9647
    RUEHRI/AMCONSUL RIO DE JANEIRO 7857
    RUEHSO/AMCONSUL SAO PAULO 4202
    RUEAWJA/DEPT OF JUSTICE WASHDC
    RUEABND/DEA HQS WASHDC
    RHEHNSC/NSC WASHDC

` `

    C O N F I D E N T I A L SECTION 01 OF 07 BRASILIA 000757

    SENSITIVE
    SIPDIS

    E.O. 12958: DECL: 06/16/2019
    TAGS: KCRM NAR PREL BR
    SUBJECT: BRAZIL: BILATERAL ACCORDS A KEY COMPONENT IN
    COUNTERNARCOTICS APPROACH

    Classified By: Acting Deputy Chief of Mission Marie Damour, Reason 1.4
    (b) and (d)

    ¶1. (C) Summary: Brazil,s strategy for dealing with the
    trafficking of illegal drugs has focused in part on creating
    a robust diplomatic framework in recognition that the
    "illegal traffic of narcotics represents a grave threat to
    the health and well-being of populations as well as a problem
    that affects their political, economic, social, and cultural
    structures of Brazil and its bilateral partners." As a
    result, Brazil has signed dozens of bilateral accords focused
    on achieving more effective cooperation with both regional
    partners and countries outside the region in the area of
    countering the trafficking and consumption of illegal
    narcotics. The agreements evince a flexible approach *-
    varying lines of authority, use of either structured or
    ad-hoc frameworks, etc -* and willingness to tackle the
    broad spectrum of complex issues involved in combating
    narcotrafficking and transnational crime that could be useful
    if Washington decided to enhance bilateral or regional
    cooperation with Brazil on these issues, although it is not
    clear that the GOB would consider its existing bilateral
    accords to be a sufficient basis for a similar bilateral
    arrangement with the United States or for regional
    cooperation with the United States in the areas where it has
    agreed to work bilaterally. End summary.

    ¶2. (U) This cable analyzes a sample of 21 bilateral accords
    signed by Brazil between 1988 and 2005 (see appendix for a
    list of the accords). While Post focused primarily on
    accords signed with countries within South America, we also
    looked at a small cross section of non-contiguous countries
    in different regions around the world to identify patterns
    and compare approaches. A subsequent cable will seek to
    evaluate the extent to which the provisions of these have
    been put into effect.

    -------------------------
    Categorizing the accords
    -------------------------

    ¶3. (U) Brazil has signed bilateral counternarcotics accords
    with every country in the region. Of these, Post examined 17
    Brazil signed between 1988 and 2005. In addition, Brazil has
    signed numerous accords on counternarcotics with countries
    outside the region. For purposes of this cable, Post looked
    at accords Brazil signed with Lebanon, Mexico, Portugal, and
    Spain, which represent a cross-section of countries from
    North and Central America, Europe, and the Middle East with
    which Brazil maintains good-to-excellent relations. (Note: A
    list of the accords examined is at para 21. End note.)

    ¶4. (U) These accords can be divided broadly into three
    categories areas:

    -- Cooperation accords to prevent use of and to combat
    illegal drugs and psychotropic substances;
    -- Accords that have an explicit or implicit counternarcotics
    component, but are not exclusively focused on them; and
    -- Accords to create permanent bilateral joint committees on
    variety of topics, some of which have been created to
    coordinate counternarcotics policies and actions.

    -------------------------------------
    Category 1: Counternarcotics accords
    -------------------------------------

    ¶5. (U) In general, these accords tend to contain components
    found throughout all agreements and almost invariably are
    motivated by the parties, recognition that the "illegal
    traffic of narcotics represents a grave threat to the health
    and well-being of populations as well as a problem that

    BRASILIA 00000757 002 OF 007

    affects their political, economic, social, and cultural
    structures of Brazil and its bilateral partners." The
    accords with Argentina, Chile, Uruguay, Paraguay, and
    countries outside the region, such as Spain, Lebanon, and
    Mexico share much of the same language. In the accords, the
    parties generally are called to:

    -- Exchange police and judicial information about persons
    involved in the production and trafficking of illegal
    narcotics, as well as illicit activities tied drug
    trafficking;
    -- Coordinate strategies for the prevention of use of illegal
    drugs, for the rehabilitation of addicts, for the control of
    precursor substances use to produce illegal narcotics, and
    for the combat of drug trafficking.
    -- Establish technical and scientific cooperation to identify
    and intensify measures to detect, control, and eradicate
    plantations for the production of illegal drugs;
    -- Exchange information on legislation in the area of illegal
    narcotics, psychotropic substances, and precursors and
    chemicals used in the production of illegal drugs;
    -- Exchange information on imports and exports of precursor
    chemicals that could be used in the production of illegal
    drugs

    ¶6. (U) Other accords have additional levels of specificity.
    For example, Brazil,s 1999 accord with Spain has provisions
    for exchange of information on rehabilitation programs;
    exchange of information on transportation, cargo, mail, and
    other means used to transport illegal drugs, as well as on
    routes; and exchange of personnel to improve information flow
    and enhance expertise.

    ¶7. (U) In most cases, exchanges are to be led by each
    country,s respective foreign relations ministry--in the case
    of Brazil, the Ministry of External Relations
    (Itamaraty)--and are conducted on an ad-hoc basis at the
    request of either of the parties to the accord. In some
    cases, implementation of the accords are to be carried out by
    comistas, (see more below) and on a few occasions the
    comistas, are to be presided by Itamaraty jointly with the
    National Anti-Drug Secretariat (SENAD), which is run of the
    Office of the Presidency,s Cabinet for Institutional
    Security (GSI).

    ¶8. (U) In the case of Argentina, Paraguay, and Uruguay,
    Brazil has signed amendments to the accords that provide for
    cooperation between the parties specifically in border
    regions. Under these amendments, both parties agree to
    develop coordinated strategies for the prevention of illegal
    drug use and for rehabilitation of drug users in cities along
    their shared borders. Implementation of these amendments
    tends to be delegated to SENAD.

    ¶9. (U) Some accords, but not all, have provisions requiring
    information shared under the authority of the accord to be
    kept confidential according to each country,s laws and to
    only be used for the purposes outlined in the accord.

    ---------------------------------------------
    Category 1: Exceptions in the case of source countries
    ---------------------------------------------

    ¶10. (U) Source countries, such as Bolivia and Colombia, tend
    to break the pattern, and have more detailed agreements that
    mandate each country,s main counternarcotics authority as
    the principal go-between in the implementation of the
    accords, instead of each country,s foreign ministry. This
    deviation from the norm in the 1999 accords with both
    Colombia and Bolivia is justified by the need for direct
    communications between counterdrug authorities, instead of
    through the foreign ministries, in order to make

    BRASILIA 00000757 003.2 OF 007

    &cooperation more efficient8. In the case of the Colombia
    accord, implementation of the accord on the Brazilian side is
    delegated to the Ministry of Justice and in the case of the
    accord with Bolivia to both the Ministry of Justice and
    SENAD. The accords with Colombia and Bolivia also include a
    more extensive set of areas in which the two countries pledge
    to work together. Both in the case of Colombia and Bolivia,
    the countries pledge to share information on where precursors
    are grown, to jointly establish lists of precursors and
    chemicals substances, and to put into place a more extensive
    and rigorous system of controls on the legal and illegal
    movement of these precursors across their borders. Some of
    these provisions include:

    -- Both parties will cooperate to ensure the control and
    oversight of commercial, customs, and distribution operations
    of precursors and chemical substances included in the list of
    substances and will share information on operations suspected
    of involvement in illegal use of such substances;
    -- Both parties will ensure that all import, export,
    re-exportation, transit, and distribution of precursors will
    have all relevant documentation;
    -- In the case of suspected illicit activity, both parties
    will share information on the type of precursor or chemical
    substance, name, address, telephone and fax, and clients of
    the vendor of the substances; will share information on
    routes vendors reported they will use; statistical data
    related to the supply and demand of precursors and chemical
    substances in each country;
    -- Requires the central authority in each country, upon being
    provided with a request based on credible information from
    the other party, to investigate either recipient of the
    precursors or chemical substances;
    -- The central authority of one of the parties can request
    from the other party information on the individuals or
    organizations that carry out the sale, importation,
    exportation, re-exportation, distribution, transportation or
    storage in order to initiate investigations.

    --------------------------------------------- ------
    Category 2: Accords related to, but not exclusively
    drug-focused
    --------------------------------------------- ------

    ¶11. (U) Brazil has also signed more general accords that
    impact Brazil,s ability to effectively counter the
    trafficking of illegal drugs, although these are not
    exclusively drug-focused.

    TRANSNATIONAL CRIME

    ¶12. (U) For example, a type of accord that Brazil has signed,
    although infrequently, is police cooperation accords focused
    on transnational criminal activity. In 2005, Brazil and
    Colombia agreed to one, although it has yet to be ratified in
    Brazil. The agreement recognizes the threats to regional
    stability and security posed by drug and arms trafficking and
    money laundering and the relevance of law enforcement
    cooperation to maintain internal security and effectively
    combat organized transnational criminal activity. The
    agreement calls for cooperation in the following areas:

    -- Drug trafficking;
    -- Arms trafficking;
    -- Trafficking in persons;
    -- Child sexual exploitation;
    -- Environment crimes;
    -- Money laundering;
    -- Contraband;
    -- Counterfeiting
    -- Intellectual property
    -- Cybercrimes

    BRASILIA 00000757 004 OF 007

    ¶13. (U) Under the accord, the parties agree to share
    intelligence information related to the crimes outlined
    above, share database information, and undertake joint
    operations. In addition, the accord calls for cooperation
    and &sharing of experiences8 in the area of public
    security, particularly in the areas of community policing,
    security at sporting events, protection of visiting
    dignitaries, kidnapping prevention, public order, and
    protection of civil and human rights, among others. The
    agreement also calls for the creation of Bilateral Working
    Group on Police Matters (GTBP) to be run on the Brazilian
    side by the Ministry of Justice and the Brazilian Federal
    Police (DPF) that will meet annually, or more frequently on
    an extraordinary basis, and will develop a joint action plan
    to implement the accord. Finally, the accord calls for the
    police chiefs of the border areas to meet at least every two
    months for the purpose of evaluating the progress of the
    accord and making any necessary adjustments to its
    implementation.

    CONTROL OF AIRSPACE

    ¶14. (U) Brazil has signed accords related to the control and
    combat the transit of aircraft involved in illicit activity
    with several countries, including Argentina, Colombia,
    Paraguay, and Uruguay. These types of accords generally call
    for the combating of the transit of irregular aircraft
    through the parties, territory, implementation of an
    information exchange system, technical and operational
    training, and regular evaluations of the efficiency of the
    programs.

    --------------------------------------------- -
    Category 3: Comista,, or joint permanent committee
    --------------------------------------------- -

    ¶15. (U) The third category of accords Brazil has signed
    involve the establishment of joint permanent committees or
    'comistas,. Brazil has signed agreements to create these
    bodies with about 40 countries, including most, but not all,
    South American countries, and with countries in every region
    of the world, to include Canada, South Korea, China, Iran,
    Egypt, France, India, Japan, Nigeria. Brazil has sometimes
    signed accords to establish a single comista, focused on
    multiple themes, with various subcomistas established to deal
    with more specific subjects. For example, the Bolivian
    comista, has a subcomittee on counternarcotics issues.
    Brazil has also created single-issue comistas,. For
    example, the counternarcotics accords Brazil signed with
    Mexico, Paraguay, Spain, Venezuela, Peru all provide for the
    creation of a comista, focused exclusively on
    counternarcotics.

    ¶16. (U) These single-issue comistas, are generally
    established to implement the bilateral counternarcotics
    accords, and are empowered to come up with recommendations of
    measures to implement the accords, as well as evaluate the
    effectiveness of the measures undertaking by each country to
    implement the accords. They are also, for the most part,
    presided by the ministries of foreign relations of each
    country and are supposed to meet at least once a year,
    alternating hosting duties. They can also meet more
    frequently on an extraordinary basis, but not without at
    least two months notice. Some comistas, can also
    establish &working groups8 and others can establish
    &subcommittees8 that can meet more frequently and focus on
    specific areas. The Brazil-Paraguayan comista,, uniquely,
    can create either or both sub-mechanisms.

    ¶17. (U) There are exceptions to the rule that comistas,
    are presided by the respective foreign ministries. The

    BRASILIA 00000757 005 OF 007

    Brazil-Mexico comista', on the Brazilian side is hosted
    jointly by Itamaraty with the Brazilian Federal Police; and
    both the Brazil-Peru and Brazil-Spain comistas, are
    presided on the Brazilian side by both Itamaraty and SENAD.

    ---------
    Comment:
    ---------

    ¶18. (C) Itamaraty has a robust multi-layered diplomatic
    framework that enables Brazil to work bilaterally with
    countries both in the region and outside of it. Although it
    is hard to gage how effective these accords are at enhancing
    the effectiveness of counternarcotics cooperation, at a
    minimum the accords serve to establish counternarcotics
    cooperation as an important and priority goal for both
    countries. As seen by the variations found within the
    accords, Brazil also has shown that it is willing and capable
    of maintaining a flexible approach that adapts itself to the
    circumstances each country presents. Itamaraty has ceded the
    leading role to other agencies in some cases, such as with
    Bolivia and Colombia, and has shared the lead in others with
    the Presidency through SENAD. Although the existence of such
    arrangements could be exploited as a means of moving forward
    with a bilateral accord, it is not clear why they were made
    or that the GOB would consider them as the basis for a
    similar bilateral arrangement with the United States.

    ¶19. (C) With regard to South American regional initiatives,
    these bilateral accords suggest the scope of activities that
    might be broadly acceptable within the region. However,
    three notes of caution: first, it is important to note that
    GOB officials are often unwilling to cooperate in broader
    fora on matters that they consider to be of strictly
    bilateral interest (e.g., border controls). Second, by
    defining problems narrowly, policymakers often reject
    potential areas for cooperation as not being of legitimate
    interest to other countries. For example, Brazilian
    policymakers tend to minimize the legitimacy of U.S. interest
    in drug trafficking through Brazil by noting that the drugs
    are destined for Europe and Africa. Third, senior GOB
    officials tend to address drug trafficking in a reactive
    manner, rather than with a goal of putting a halt to emerging
    trends. They have rebuffed some proposals to cooperate in
    targeting drug traffickers by dismissing the regionalization
    of criminal gangs and questioning evidence suggesting the
    spread of Mexican and Colombian drug cartels into other South
    American countries.

    ¶20. (C) Finally, Itamaraty does not enter into agreements
    with the United States without considering their broader
    significance for the bilateral relationship, for Brazil,s
    leadership in the region, and for Brazil,s global standing.
    The GOB has been most willing to engage with us in areas that
    appear to confirm Brazilian equality with the United States
    (e.g., in trilateral cooperation), while resisting
    cooperation with us in areas where the United States will be,
    or will be seen to be, the dominant partner. Within that
    framework, Brazil has been willing to cooperate with us in
    global fora and in joint activities with extra-regional
    developing countries, but has steadfastly resisted
    cooperating with the United States within South America or in
    South American regional fora. End comment.

    ¶21. (U) Begin appendix: Below is the list of bilateral
    accords examined for this cable.

    Argentina:
    -- 1993 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances(in effect in 1995);
    -- 2002 Accord on cooperation to combat the transit of

    BRASILIA 00000757 006 OF 007

    aircraft possible involved international illicit activity (in
    effect in 2006)
    -- 2005 Exchange of notes to amendment to 1993 to establish
    cooperation in the area of reducing demand for illegal drugs
    in border cities (in effect in 2005)

    Bolivia:
    -- 1988 exchange of notes to establish a joint permanent
    committee to coordinate bilateral relations (in effect in
    1988)
    -- 1999 Accord on cooperation to impede the illegal use of
    precursors and chemical substances used in the production of
    illegal drugs and psychotropic substances and psychotropic
    substances (in effect in 2004)

    Chile:
    -- 1990 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances (in effect in 1992)

    Colombia:
    -- 1997 Accord on cooperation to impede the illegal use of
    precursors and chemical substances used in the production of
    illegal drugs and psychotropic substances and psychotropic
    substances (in effect in 1999)
    -- 1997 Accord on cooperation to combat the transit of
    aircraft possible involved international illicit activity (in
    effect in 2006)
    -- 2005 Accord on Police Cooperation (not ratified)

    Peru:
    -- 1999 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances (in effect in 2002)

    Uruguay:
    -- 1991 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances (ratified in 1995)
    -- 2002 Exchange of notes to amendment to 1993 to establish
    cooperation in the area of reducing demand for illegal drugs
    in border cities
    -- 2002 Accord on cooperation to combat the transit of
    aircraft possible involved international illicit activity
    (ratified in 2008)

    Venezuela:
    -- 1997 Accord on cooperation to prevent, control, and combat
    the illegal consumption and trafficking of narcotics and
    psychotropic substances (in effect in 1990)

    Paraguay:
    -- 1988 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances(in effect in 1992);
    -- 2000 Accord on cooperation to combat the transit of
    aircraft possible involved international illicit activity (in
    effect in 2002)
    -- 2002 Exchange of notes to amendment to 1993 to establish
    cooperation in the area of reducing demand for illegal drugs
    in border cities (in effect in 2002)

    Lebanon:
    -- 2003 Accord on cooperation to combat the production,
    consumption and trafficking of illegal narcotics and
    psychotropic substances and to combat money laundering and
    other fraudulent financial transactions (not ratified)

    Mexico:
    -- 1996 Accord on cooperation to combat narcotrafficking and
    drug-dependency (ratified in 1997)

    BRASILIA 00000757 007 OF 007

    Portugal:
    -- 1991 Accord on cooperation to prevent the use of and to
    combat the illicit trafficking of narcotics and psychotropic
    substances (ratified in 1995)

    Spain:
    -- 1999 Accord on the control of illicit trafficking and the
    prevention of the consumption of narcotics and psychotropic
    substances (ratified in 2004)

    End appendix.

    SOBEL

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