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### Viewing cable 05ANKARA423, 2004-2005 INTERNATIONAL NARCOTICS CONTROL STRATEGY

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05ANKARA423 | 2005-01-26 15:33 | 2011-08-24 01:00 | UNCLASSIFIED | Embassy Ankara

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 07 ANKARA 000423

    SIPDIS

    JUSTICE FOR OIA, AFMLS, AND NDDS
    TREASURY FOR FINCEN
    DEA FOR OILS AND OFFICE OF DIVERSION CONTROL
    EUR/SE; INL

    E.O. 12958: N/A
    TAGS: SNAR KTFN PTER TU
    SUBJECT: 2004-2005 INTERNATIONAL NARCOTICS CONTROL STRATEGY
    REPORT (INCSR) FOR TURKEY

    REF: A. 2004 STATE 248987

         ¶B. 2004 STATE 254401
         ¶C. THOMPSONKW - LOSBANOSMG E-MAIL 2005 25 JANUARY

    Following is the 2004-2005 INCSR report for Turkey.

    As discussed with INL ref c, Post is continuing to seek
    answers to some of ref b's specific questions on legal issues
    for the money laundering section and will send a follow-up
    cable.

    ¶I. Summary:

    Turkey is a major transit route for Southwest Asian opiates
    to Europe, and serves as a base for major narcotics
    traffickers and brokers.  Turkish law enforcement
    organizations focus their efforts on stemming the traffic of
    drugs and intercepting precursor chemicals.  Turkish forces
    cooperate closely with European and U.S. agencies.  While
    most of the heroin trafficked via Turkey is marketed in
    Western Europe, an increasing amount of heroin and opium also
    is smuggled from Turkey to the U.S.  There is no appreciable
    cultivation of illicit narcotics in Turkey other than
    marijuana grown primarily for domestic consumption.  We are
    unaware of any diversion from Turkey's licit opium poppy
    cultivation and pharmaceutical morphine production program.

    Turkey signed the UN Drug Convention in 1988 and ratified the
    agreement in 1996.  Turkey is a member of the Financial
    Action Task Force (FATF).  The U.S. terminated its USD
    500,000 annual assistance program at the end of FY 1999, due
    to Turkey's refusal to provide Leahy Amendment certification
    in an agreement.  End summary.

    II. Status of the Country:

    Turkey is a major transshipment and opium conversion point
    for heroin.  Turkey is also a base of operations for
    international narcotics traffickers and associates
    trafficking in opium, morphine base, heroin, precursor
    chemicals and other drugs.  The majority of these opiates
    originate in Afghanistan, and are ultimately shipped to
    Western Europe.  A smaller but still significant amount of
    heroin is trafficked to the U.S. via Turkey, and indirectly
    through Europe.

    Turkish law enforcement forces are strongly committed to
    disrupting narcotics trafficking.  The Turkish National
    Police (TNP) remains Turkey's most sophisticated
    counter-narcotics force, while the Jandarma and Customs
    continue to increase their efficacy.

    Turkish authorities continue to seize large amounts of heroin
    and precursor chemicals, such as acetic anhydride.  It is
    estimated that multi-ton amounts of heroin are processed in
    or smuggled through Turkey each month.

    Turkey is one of the two traditional opium-growing countries
    recognized by the USG and the International Narcotics Control
    Board.  There is no appreciable illicit drug cultivation in
    Turkey other than marijuana grown primarily for domestic
    consumption.  The Turkish Government maintains strict control
    over its licit poppy program.

    Turkish law enforcement authorities continue to seize large
    quantities of synthetic drugs that have been manufactured in
    Northern and Eastern European countries.  The majority of the
    synthetic drug seizures have occurred as the drugs were being
    shipped through Turkey to other countries in the Middle East.

    III. Country Actions against Drugs:

    (a) Policy Initiatives: The GOT devotes significant financial
    and human resources to counter-narcotics activities.  Turkey
    continues to play a key role in Operation Containment (a
    regional program to reduce the flow of Afghan heroin to
    Western Europe) as well as in other regional efforts.

    The Turkish International Academy against Drugs and Organized
    Crime (TADOC), established under the Turkish National Police
    (TNP), continues to be the key agency leading the fight
    against drug abuse in Turkey.  TADOC regularly organizes
    meetings in which members from relevant government agencies,
    such as experts from the Ministries of Education and Health,
    participate.  In 2004, TNP increased the number of drug
    training and prevention units it previously established in
    various provinces, to cover most parts of Turkey.  These
    units conducted intensive training programs for parents,
    teachers and students in these provinces, making a major
    contribution to the GOT,s drug prevention efforts.
    TADOC was also appointed as the lead agency in dealings with
    the European Monitoring Center for Drugs and Drug Addiction
    (EMCDDA) in 2003.  TADOC expects the GOT to sign the
    agreement making Turkey a member of EMCDDA in January 2005.
    Since all the members of EMCDDA are EU member countries,
    Turkey will be an exception.
    (b) Accomplishments: TADOC organized 79 training programs for
    local and regional law enforcement officers in 2004, mostly
    on narcotics smuggling and money laundering.  The USG
    provided three of these training programs.  A total of 257
    foreign officers were trained at TADOC this year, including
    officers from the Balkans, Central Asia and Afghanistan.
    Syrian officials received counter-narcotics training for the
    first time at TADOC this year.

    The UN conducted a drug abuse survey in 6 major cities in
    Turkey in 2004, which showed that there was no major increase
    in drug abuse in Turkey in the last couple of years.
    TADOC,s academy director attributed this to the TNP,s
    intensive training and prevention efforts throughout Turkey.

    (c) Law Enforcement Efforts: Through 22 December 2004,
    Turkish law enforcement agencies seized 7.2 tons of heroin,
    4.7 tons of morphine base, 7.7 million dosage units of
    synthetic drugs, 8.6 tons of hashish and 123.6 kilograms of
    cocaine.  In addition, the GOT law enforcement authorities
    have made more than 14,117 drug-related arrests.

    (d) Corruption:  In June 2003 a Parliamentary Commission on
    Corruption issued a report examining the reasons for and
    possible solutions to the problem of government corruption.
    It recommended increased transparency in public
    administration, strengthened audits, hiring of more qualified
    personnel, adoption of international judicial standards, and
    increased public and business education.

    The GOT continued to struggle against corruption in 2004.
    The Parliamentary Commission on Corruption conducted detailed
    investigations into one former prime minister and five former
    ministers, most of which were sent to the Supreme Court.  The
    court cases for these officials have not yet been finalized.

    An important step the GOT took against corruption in 2004 was
    preparing the Draft Law on Combating Corruption, which is
    currently on the General Assembly,s agenda.  The law defines
    the crimes that fall under corruption, as well as the
    prosecution procedures for these crimes.  The law also calls
    for periodical training of public sector personnel on work
    ethics and corruption.  Another law the GOT submitted to the
    Parliament this year that is still waiting for the
    Commission,s approval is the law making December 9 an
    Anti-Corruption Day in Turkey.

    In 2003 the GOT ratified the Convention on Combating Bribery
    of Foreign Public Officials in International Transactions;
    the Council of Europe's Civil Law on Corruption; and the UN
    Convention Against Corruption.  In January 2004, the GOT
    ratified the Council of Europe's Criminal Law on Corruption
    and became a member of the Group of Countries against
    Corruption (GRECO).

    (e) Agreements and Treaties: Turkey ratified the 1988 UN Drug
    Convention in 1996 and has been a member of FATF since 1991.
    Turkey ratified the UN Convention on the Suppression of
    Terrorist Financing in April 2002.  In 2003 Turkey ratified
    the UN Convention against Transnational Organized Crime.

    In February 2003 Turkey signed a Precursors Agreement with
    the EU, to combat the production of substances used in the
    manufacture of narcotic drugs and psychotropic substances.
    Turkey ratified the Precursors Agreement in April 2004.

    (f) Cultivation/Production: Illicit drug cultivation,
    primarily marijuana, is minor and has no impact on the United
    States.  The Turkish Grain Board, with no apparent diversion,
    strictly controls licit opium poppy cultivation.

    (g) Drug Flow/Transit: Turkey remains a major route, and
    storage, production and staging area, for the flow of heroin
    to Europe.  Turkish-based traffickers and brokers operate in
    conjunction with narcotic smugglers, laboratory operators,
    and money launderers in and outside Turkey.  They finance and
    control the smuggling of opiates to and from Turkey.
    Afghanistan is the source of most of the opiates reaching
    Turkey.  Morphine and heroin base are smuggled overland from
    Pakistan via Iran.  Multi-ton quantities of opiates and
    hashish have been smuggled by sea from Pakistan to points
    along the Mediterranean, Aegean, and/or Marmara seas.
    Opiates and hashish also are smuggled to Turkey overland from
    Afghanistan via Turkmenistan, Azerbaijan, and Georgia.
    Traffickers in Turkey illegally acquire the heroin precursor
    chemical acetic anhydride from sources in Western Europe, the
    Balkans and Russia.  For fiscal year 2004, 1.5 metric tons of
    acetic anhydride was seized in or destined for Turkey.

    Turkish-based traffickers control and operate heroin
    laboratories at various locations.  Some of them reportedly
    have interests in heroin laboratories operating near the
    Iranian-Turkish border in Iran.  Turkish-based traffickers
    control much of the heroin marketed to Western Europe.

    In 2004, Turkish authorities reported an increase in
    synthetic drug seizures throughout Turkey. Although Turkish
    law enforcement has not seen a large increase in synthetic
    drug manufacturing in Turkey, Turkish National Police did
    report one synthetic drug laboratory seizure in Usak, Turkey
    in December 2004.  For fiscal year 2004, a total of 7.7
    million dosage units of synthetic drugs, predominantly
    Captagon and Ecstasy, were seized in Turkey.

    (h) Demand Reduction: While drug abuse remains low in Turkey
    compared to other countries, the number of addicts reportedly
    is increasing.  Although the Turkish Government appears to be
    increasingly aware of the need to combat drug abuse, the
    agencies responsible for drug awareness and treatment remain
    under-funded.  As of 2004, six Alcohol and Substance Abuse
    Treatment and Education Clinics (AMATEM) have been
    established, which serve as regional drug treatment centers.
    Due to lack of funds, only one of the centers focuses on drug
    prevention as well as treatment.  The most recent clinic was
    opened in Ankara in 2004 and will serve as the countrywide
    coordinating center for drug and alcohol treatment and
    education.  The Health Ministry has not conducted a drug
    abuse survey since 1995 due to lack of resources.

    In 2004, the United Nations coordinated a survey in 6 major
    cities on drug abuse in Turkey.  The survey did not
    demonstrate any major increase in the number of drug users
    compared to previous data provided by local NGOs.

    IV. U.S. Policies, Initiatives and Programs:

    (a) U.S. Policy Initiatives and Programs: U.S. policy remains
    to strengthen Turkey,s ability to combat narcotics
    trafficking, money laundering and financial crimes.  Through
    fiscal year 1999, the U.S. Government extended USD 500,000
    annually in assistance.  While that program has now
    terminated, during 2004-05 the U.S. Government anticipates
    spending approximately $100,000 in previously-allocated funds
    on anti-narcotics programs.

    (b) Bilateral Cooperation: U.S. counter-narcotics agencies
    report excellent cooperation with Turkish officials.  Turkish
    counter-narcotics forces have developed technically, becoming
    increasingly professional, in part based on the training and
    equipment they received from the U.S. and other international
    law enforcement agencies.

    (c) Road Ahead: After the 2002 national elections, many of
    the key government officials responsible for
    counter-narcotics and money-laundering were replaced;
    however, this did not appear to have degraded the quality of
    cooperation. The U.S. Mission in Turkey has continued to
    engage the appointees, and work with the government.

    ¶V. Statistical Tables (through 9 December 2003):

                                  2004      2003       2002

    Opium (licit)
    - Cultivation                59,300   149,787    117,650
    - Eradication                   N/A       N/A        N/A
    - Harvestable                35,000    99,430     50,741

    Drug Seizures
    - Cocaine (kg)                123.6       2.6        1.6
    - Opium (kg)                   72.0     243.6      262.6
    - Hashish (tons)                8.6       1.9       10.1
    - Heroin (tons)                 7.2       5.2        5.1
    - Morphine Base (tons)          4.7       0.8        0.8
    - Acetic Anhydrite (tons)       1.5       5.8       60.9
    - Captagon/other synthetic      7.7       4.95       1.7
      (Million dosage units)
    - Illicit Labs                  1         7          N/A
    - Domestic Consumption          N/A       N/A        N/A
    - Users who applied
      for treatment                8000       N/A        N/A
    - Users treated                 800       N/A        N/A
    - Arrests                    14,117     6,678      8,965

    VI. Money Laundering and Financial Crime:

    (a) General.  In general, though the GOT has tried to bring
    its legal regime in compliance with international norms,
    Turkey's anti-money laundering regime does not have a strong
    reputation for enforcement.  In 2001, the GOT signed the
    Strasbourg Convention on Laundering, Search, Seizure and
    Confiscation of the Proceeds from Crime (ratified September
    2003); the Council of Europe (COE) Criminal Law on Corruption
    (ratified 2004); and the Council of Europe (COE) Civil Law on
    Corruption (ratified April 2003).  By becoming a party to
    these COE conventions, the GOT obligated itself to revise its
    laws to include proceeds of all serious crimes in the
    definition of money laundering, and to specify corruption as
    a predicate offense for money laundering.

    The Turkish Government signed the UN Convention against
    Transnational Organized Crime in 2001 and ratified it in
    December 2003.  Turkey signed the Convention on Combating
    Bribery of Foreign Public Officials in International Business
    Transactions in 2000 (ratified February 2003).  The GOT also
    became a party to the 1999 International Convention for the
    Suppression of the Financing of Terrorism in 2002.

    Turkey cooperates closely with the U.S. and its neighbors in
    the Southeast Europe Cooperation Initiative (SECI).  Turkey
    is responsive, although often not in a timely way, to
    requests for US law enforcement assistance necessary to the
    investigation of financial crimes related to terrorism,
    terrorist financing, and other crimes, pursuant to the
    provisions of the Mutual Legal Assistance Treaty (MLAT).  All
    responses are generated by the Turkish Ministry of Justice.

    Turkey is not an offshore financial center but Istanbul is an
    important regional financial center, particularly for Central
    Asia and the Caucasus, as well as for the Middle East and
    Eastern Europe.  Since the financial crisis of 2000, the GOT
    has significantly tightened oversight of the banking system
    through the independent Bank Regulatory and Supervisory
    Agency (BRSA).  Although it failed to detect massive fraud at
    one bank which led to its being taken over in 2003 by
    regulators, the BRSA is working to improve its ability to
    detect bank fraud.  Since the recent banking law amendments
    and also the establishment of the BRSA, there has been no
    evidence of an increase in financial crimes in Turkey.

    Money laundering takes place in both banks and nonbank
    financial institutions.  Traditional money laundering methods
    in Turkey involve the cross-border smuggling of currency;
    bank transfers into and out of country; and the purchase of
    high value items such as real estate, gold, and luxury
    automobiles.  It is believed that Turkish-based traffickers
    transfer money to pay narcotic suppliers in Pakistan and
    Afghanistan, primarily through Istanbul money exchanges.  The
    exchanges in turn wire transfer the funds through Turkish
    banks to accounts in Dubai and other locations in the United
    Arab Emirates.  The money is then paid, often through the
    underground banking system, to narcotics suppliers in
    Pakistan and Afghanistan.  Local narcotics-trafficking
    organizations are reportedly responsible for only a small
    portion of the total funds laundered in Turkey.  A
    substantial percentage of money laundering that takes place
    in Turkey appears to involve tax evasion, and informed
    observers estimate that as much as 50 percent of the economy
    is unregistered.  The GOT has taken no steps to regulate or
    register alternative remittance networks.

    To Post's knowledge, neither the country nor any senior
    official, as a matter of government policy or practice,
    facilitates or engages in laundering the proceeds from
    illegal drug transactions, from other serious crimes or from
    terrorist financing.  Moreover, to Post's knowledge, Turkey's
    financial institutions do not engage in currency transactions
    involving international narcotics trafficking proceeds that
    include significant amounts of US currency or currency
    derived from illegal drug sales in the US or that otherwise
    significantly affect the US.
    There is no significant black market for smuggled goods in
    Turkey.  However, since tax evasion is a problem, the GOT is
    in the process of reforming its tax administration, with the
    goal of improving tax collection.  Turkey has established
    systems for identifying, tracing, freezing, seizing and
    forfeiting narcotics-related assets.  Turkey,s laws allow
    for only criminal forfeiture.

    There are 21 Free Trade Zones operating in Turkey.  There is
    no indication that theses free trade zones are being used in
    trade-based money laundering schemes or by the financiers of
    terrorism.  The GOT controls access and grants limited
    authority within the free trade zones.

    There have been no arrests and/or prosecutions for money
    laundering or terrorist financing since January 1, 2004.

    (b) Laws and Regulations to Prevent Money
    Laundering/Terrorist Financing.

    Turkey criminalized money laundering in 1996 for a wide range
    of predicate offenses, including narcotics-related crimes,
    smuggling of arms and antiquities, terrorism, counterfeiting,
    and trafficking in human organs and in women.  The Council of
    Ministers subsequently passed a set of regulations that
    mandate the filing of suspicious transaction reports (STRs),
    and require customer identification and the maintenance of
    bank records for five years.  These regulations apply to
    banks and a wide range of nonbank financial institutions,
    including insurance firms and jewelry dealers.  Sanctions
    apply for failure to comply.  However, the number of STRs
    being filed is quite low, even taking into consideration the
    fact that the Turkish economy is cash-based.  A possible
    reason for this is the lack of safe harbor protection for
    bankers and other filers of STRs.  Turkish officials
    indicated in December 2004 that the GOT has drafted
    legislation that will provide such protection, but it has not
    yet been enacted.

    Turkey does not have secrecy laws that prevent disclosure of
    client and ownership information by domestic and offshore
    financial services companies to bank supervisors and law
    enforcement authorities.

    Turkey is party to the UN International Convention against
    Illicit Traffic in Narcotic Drugs and Psychotropic Substances
    and is, in general, a party to all the relevant UN
    instruments.  However, implementation efforts on UN
    anti-financial crime conventions are weak.  On terrorism
    finance, Turkey does not adhere to all eight of the FATF
    special recommendations.  The GOT claims, however, that new
    legislation being prepared in early 2005 will help bring
    Turkey closer to adhering to all relevant international money
    laundering and terror finance standards.

    Turkey,s police, prosecutors, judges and investigative
    agencies require substantial training in financial crimes.
    The government has increased its focus on money laundering,
    but has had difficulty obtaining convictions.  Since being
    established in 1997, the Financial Crimes Investigative Board
    (MASAK) has pursued more than 500 money-laundering cases.
    Through 2004, only one case has resulted in a conviction and
    it was overturned.  Note: Last year,s report mistakenly
    claimed that two cases had resulted in convictions.  While
    good statistics are not available, most of the cases are
    believed to involve non-narcotic criminal actions or tax
    evasion.

    Money laundering offenses are more broadly defined in the new
    Turkish Criminal Law (which will be enforced starting April
    2005) to include all predicate offenses punishable by
    one-year imprisonment.  Previously, Turkey's anti-money
    laundering law comprised a list of specific predicate
    offenses.  In addition, the new Criminal Procedures Law, also
    to be enforced in April 2005, facilitates asset forfeiture.
    MASAK is trying to strengthen its role as Turkey,s financial
    intelligence unit.  It would benefit from additional legal
    authority; continuity of senior management; training; and
    computers.  Training and equipment needs are being addressed
    by an EU accession twinning project, which is expected to end
    in June 2006.

    Currently, there are three main pillars which govern MASAK,s
    procedures and duties: 1) Regulatory function; 2) Financial
    intelligence function; and 3) Investigation and assessment
    functions.  In a new draft law on its structure and
    functions, MASAK will lose its investigative function.
    Prosecutors will take on the investigative function and
    coordinate the relevant agencies needed for investigations of
    financial crimes.  MASAK will retain its financial
    intelligence and regulatory responsibilities.  The new law
    also recommends policies to investigate the proceeds of
    bribery and corruption.  Relevant agencies are currently
    reviewing the draft of MASAK,s law and the law is expected
    to be passed early in 2005.

    (c) Asset Forfeiture and Seizure Legislation.  In addition to
    penalizing the crime of money laundering, Turkey's anti-money
    laundering law calls for forfeiture.  However, the law does
    not allow for civil as well as criminal forfeiture.  Turkish
    law does not allow for the administrative freezing of assets.
     It relies instead on criminal freezing.  Legitimate business
    can be seized if used to launder drug money, support
    terrorist activity, or are otherwise related to other
    criminal proceeds.  Property or its value that is confiscated
    is transferred to the Treasury.  There are no provisions for
    sharing, either with domestic or international law
    enforcement.  The country has not enacted laws for the
    sharing of seized narcotics assets, nor for assets from other
    serious crimes with other governments.  With regards to
    terrorism finance, the GOT has the authority to identify and
    freeze only the assets of terrorist individuals and groups
    designated by the UN 1267 Sanctions Committee.

    The anti-money laundering law provides for the confiscation
    of all property and assets (including derived income or
    returns) which are the proceeds of a money laundering
    predicate offense (soon to be expanded to crimes punishable
    by one year imprisonment), once the defendant is convicted.
    The law allows for the confiscation of the equivalent value
    of direct proceeds that could not be seized.
    Instrumentalities of money laundering can be confiscated
    under the law.  In addition to the anti-money laundering law,
    Article 36 of the Criminal Code provides for post-conviction
    seizure and confiscation of the proceeds of crimes.  The
    defendant, however, must own the property subject to
    forfeiture.

    Under the anti-money laundering law, forfeiture provisions
    for assets obtained from criminal acts can only be applied to
    individuals convicted of laundering "dirty money" and to
    those assets in the possession of the convicted subject.

    The government enforces existing drug-related asset seizure
    and forfeiture laws and MASAK, the Turkish National Police,
    and the Courts are the government entities responsible for
    tracing, seizing assets and freezing assets.  The
    jurisdiction has adequate police powers and resources to
    trace, seize and freeze assets.

    The GOT is engaged in bilateral and multilateral negotiations
    with other governments to enhance asset tracing, freezing and
    seizure.  For example, GOT representatives will participate
    in a meeting in Vienna in January 2005 to prepare a draft
    model bilateral agreement on the disposal of confiscated
    proceeds of crime.

    To Post's knowledge, neither traffickers, organized crime
    organizations, nor terrorist organizations have taken
    retaliatory actions related to money laundering/terrorist
    financing investigations, government cooperation with the
    USG, or seizure/freezing of assets.

    (d) Terrorist Financing. Turkey has not yet explicitly
    criminalized the financing of terrorism.  It complies with
    UNSCR 1373 through the distribution to interested GOT
    agencies of ministerial decrees.  The tools currently
    available under Turkish law for locating, freezing and
    confiscating terrorist assets are cumbersome, limited and not
    particularly effective.  For example, the Turkish authorities
    have no legal mechanism to freeze assets of terrorists other
    than those linked to Al-Qaeda and the Taliban.  The absence
    of &safe harbor8 protections from prosecution for bankers
    reporting suspicious transactions is another limiting factor.
     There is no mechanism for timely information sharing with
    other countries, law enforcement and anti-terrorist
    financing agencies.  As a result, one terrorist financing
    investigation conducted by the FBI and Royal Canadian Mounted
    Police in 2003 had been hampered.  The legislation discussed
    above as well as efforts underway in the GOT to define
    terrorism finance in the Law to Combat Terrorism in
    accordance with the international and EU framework should
    improve this situation.

    Another vulnerability in Turkey's counter-terror finance
    regime is the possibility of abuse in non-profit
    organizations.  The GOT has a General Director of Foundations
    which licenses and oversees charitable organizations.
    Applicants are required to verify and prove their funding
    sources.  Charities must have bylaws and are audited by the
    Directorate and are subject to being shut down if they act
    outside the bylaws.  However, the GOT does not require other
    oversight mechanisms such as requiring the publication of
    annual financial reports or periodic reporting to competent
    authorities to prevent the misuse of non-profit organizations
    and alternative remittance systems by terrorist or criminal
    groups.  There is no central registry to provide ease of
    access to appropriate law enforcement and regulatory
    agencies.  The EU accession twinning project is providing
    MASAK with a sound structural database system and could serve
    as a registry for information for law enforcement and other
    regulatory agencies.
    EDELMAN

`