South American Governmental Expert Meeting on Narcotic Drugs and Psychotropic Substances and South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances

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SOUTH AMERICAN GOVERNMENTAL EXPERT MEETING ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
SOUTH AMERICAN PLENIPOTENTIARY CONFERENCE ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
RESOLUTION I
RESOLUTION II
RESOLUTION III
RECOMMENDATION
South American Agreement on Narcotic Drugs and Psychotropic Substances
First additional Protocol I. CRIMINAL LEGISLATION 1. Substances concerned
2. Acts to be considered as offences
3. Aggravating circumstances
4. Consequences of punishable offences
II. CIVIL LEGISLATION
Second additional Protocol

Details

Author: Lorenzo A. OLIVIERI
Pages: 1 to 15
Creation Date: 1974/01/01

South American Governmental Expert Meeting on Narcotic Drugs and Psychotropic Substances and South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances

Lorenzo A. OLIVIERI
Delegate of the Republic of Argentina to the Commission on Narcotic Drugs

Important developments in the field of drug abuse control have recently occurred in South America that warrant international attention:

At the initiative of my Government a South American Governmental Expert Meeting on Narcotic Drugs and Psychotropic Substances was held in Buenos Aires from 29 November to 4 December 1972, at which Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, Venezuela and my country participated. This meeting was followed by a South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances, held at Buenos Aires from 25 to 27 April 1973.

The official documents adopted by these two bodies are reproduced hereunder.

SOUTH AMERICAN GOVERNMENTAL EXPERT MEETING ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Conclusions and recommendations

Considering:

That the participating countries have emphasized the importance of the Single Convention on Narcotic Drugs, 1961, of the Protocol of 1972 Amending the Single Convention and also of the Vienna Convention on Psychotropic Substances, 1971;

That the twenty-fourth World Health Assembly and the legislative organs of WHO/PAHO in general have on several occasions shown great concern with this matter;

That the seventh Meeting of Ministers of Health of the River Plate Basin States elaborated and adopted considerations and recommendations for the countries in this region;

That the International Seminar on Narcotics recently held in Bogotá (Colombia) suggested procedures for joint action to be taken at the regional level;

That in October 1972 the Latin-American Association of National Academies of Medicine considered the matter in similar terms;

That the world phenomenon of drug-dependence is a many-faceted problem with medical, social, economic and political implications;

That the countries participating in this Meeting agree that the serious nature of this problem which is encroaching upon our society requires and demands the permanent and combined attention of all South American countries;

That even if the size, characteristics and scope of the problem may differ from one participating country to another, the dangers and the damage effect them all;

That the general desire is to initiate joint action as soon as possible, with clear and well-defined objectives as a point of departure for measures to be taken by all countries, but without at the same time neglecting any specific aspect;

That, on the basis of the documentation submitted, the prevention, assistance and rehabilitation activities undertaken by Governments such as those of Venezuela and Argentina are considered to have produced good results;

That proposals have been made for the adoption of uniform criteria for bringing civil and criminal law up-to-date;

That a serious problem arises from the fact that persons committing offences connected with narcotic drugs are ridiculing the judicial and police procedures of one State by taking refuge in the territory of another;

That, in order to achieve more effective inter-State co-operation, it is essential to elaborate an international legal instrument providing for comprehensive assistance, collaboration and protection in judicial and police matters;

Recommends to Governments:

  1. That a Single Agreement should be concluded in the near future between the States of the South American region;

  2. That a permanent intersectoral and interdisciplinary agency should be established in each country to deal with the following aspects of drug-dependence - prevention, assistance, rehabilitation, research, legislation and suppression.

  3. Prevention, assistance and rehabilitation

  4. 1. That a South American Centre should be established to study prevention, assistance and rehabilitation of drug-dependent persons, such a Centre to be based on existing organizational structures and assisted in its activities by national and international contributions;

  5. 2. That a system of regional co-ordination should be established for the provision of information, for the dissemination of publications and for technical and professional exchanges on the aspects mentioned above;

  6. 3. That annual meetings on technical subjects should be held in each of the signatory countries of the future Agreement in turn;

  7. 4. That the activities of the South American Centre should be co-ordinated with the programmes of international agencies, and also with their activities, publications, fellowships, advice and financial support;

  8. 5. That support should be given to prevention activities-health promotion, early detection and emergency action-and that special services should be established for the rehabilitation and re-adaptation of drug-dependent persons;

  9. 6. That steps should be taken to promote the intensive education of the community using methods suitable to the specific problems of each country, and that emphasis should be placed on the fact that informational activities are most effective when they are undertaken at the group level-families, schools, teachers, etc.-through discussions under the direction of experts in this type of instruction and through a continuing and meaningful dialogue;

That education by social means of communication must be carefully planned and executed by trained and strictly supervised staff within the legal framework of each country.

  1. Illicit traffic and control

  2. 1. That consideration should be given to the possibility of proposing that the United Nations Commission on Narcotic Drugs should establish a South American sub-commission to promote more effective regional co-ordination and co-operation in preventing the illicit traffic in and use of narcotic drugs and psychotropic substances;

  3. 2. That full use should be made of the technical and economic assistance offered by the United Nations with a view to eliminating or alleviating the problem of coca leaf chewing and the illicit processing of and traffic in cocaine, and that the cultivation of the coca plant should be eliminated or reduced by replacing it by other crops which produce good economic returns;

  4. 3. That Governments which have not yet done so should ratify the Single Convention, 1961, the Protocol of 1972 Amending the Single Convention and also the Vienna Convention on Psychotropic Substances, 1971, and should take whatever measures are necessary for strict compliance with the obligations contained therein;

  5. 4. That South American Governmental Expert Meetings on Narcotic Drugs and Psychotropic Substances should be held annually for the exchange of information through personal contacts with the persons concerned with the problem, and for discussions on developments with regard to local problems in each country;

  6. 5. That an Information Centre should be established in each country to centralize all the existing information on the problem and that each Centre should be equipped to exchange information rapidly and reliably, whenever it is required to do so, with all participating countries;

  7. 5.1. That each Centre should publish an annual "Information Bulletin", in which it will describe its most recent experiences, and thus enable other countries to prevent or deal with similar situations;

  8. 5.2. That each Centre should prepare a directory or list of persons involved in the international drug traffic, and should circulate this list to the other information Centres; and that this list should be kept constantly up-to-date and contain as many relevant data as possible;

  9. 6. That, in the case of important offences which involve more than one country, facilities should be provided, as necessary, to enable the competent agencies in the countries concerned to participate in the investigation proceedings with a view to elucidating the facts;

  10. 7. That technical experts specializing in various aspects of the drug addiction problem should be exchanged between various countries of the region, so that the technical advice available can be improved by the provision of training courses adapted to the specific features of the problems involved and of the South American peoples;

  11. 8. That consideration should be given to the possibility of appointing police attachés to the staffs of diplomatic missions in each country, for the purpose of facilitating the campaign against international crime and the drug traffic in particular;

  12. 9. That a standard passport - containing the finger-prints and a colour photograph of the holder - should be adopted, and that agreement should be reached on security measures to prevent forgery;

  13. 10. That measures to eliminate cannabis plantations should be intensified, since this plant has no therapeutic value in modern medicine and represents the most serious problem common to all South American countries, and that proposals should be made for the adoption of similar measures at the international level; Efforts should also be made to stamp out any opium poppy plantations which might be started in the South American region.

  1. Legislation and uniformity of regulations

  2. 1. Criminal Law

  3. 1.1. The substances involved

In order to classify the different types of offence, it is essential first to define the substances involved. They may be defined in the following terms: "Narcotic drugs and psychotropic and other substances likely to produce physical or psychological dependence, as designated in the lists which Governments are to revise periodically".

  1. 1.2. Acts to be considered as offences

  2. 1.2.1. ( a) Acts relating to the production process: sowing, growing, manufacture, extraction, preparation or any other form of production;

  1. Acts relating to marketing: the import or export, warehousing, sale, distribution, storage or carriage of the substances concerned;

  2. Acts relating to the organization and financing of the activities described in sub-paragraphs ( a) and ( b) above.

  1. 1.2.2. Supply, application, provision or delivery, even if performed without charge.

  2. 1.2.3. Supply, application, provision or delivery, improperly or fraudulently, by professional persons authorized to prescribe.

  3. 1.2.4. Improper or fraudulent production, manufacture, preparation or use by professional or other persons licensed to produce the substances.

  4. 1.2.5. Clandestine production, manufacture, preparation or use.

  5. 1.2.6. Possession, other than in the cases mentioned above and without a legitimate reason, of the substances or raw materials or elements intended for their preparation.

  6. 1.2.7. The provision, whether for consideration or free of charge, of movable or immovable property for the above-mentioned purposes.

  7. 1.2.8. Incitement to or promotion or encouragement of the use of the substances concerned, and personal use thereof in public.

  8. 1.3. Aggravating circumstances

  9. 1.3.1. Supply, application, provision or delivery to minors or to persons of diminished mental responsibility.

  10. 1.3.2. Supply, application, provision or delivery to addicts.

  11. 1.3.3. Supply, application, provision or delivery of the substances by means of violence or fraud.

  12. 1.3.4. The employment of persons who cannot be brought to trial, as agents for committing an indictable offence.

  13. 1.3.5. The commission of an offence by doctors, dentists, chemists, pharmacists, veterinaries, botanists and other professional persons who have specialized knowledge or engage in related activities.

  14. 1.3.6. Persistent offences.

  15. 1.3.7. Conspiracy with intent to commit an offence.

  1. 1.4. Consequences of indictable offences

  2. 1.4.1. The sentences that may be imposed either together or alternatively, depending on the nature of the offences committed and other circumstances, are: imprisonment, fines and deprivation of professional status.

  3. 1.4.2. If the convicted person is addicted to the substances, the court shall always order a course of treatment and re-education and may also, depending on the circumstances of the case, consider the sentence as having been served and order only the course of treatment and re-education. In other cases, the treatment may take place before or after the period of imprisonment or while the sentence is being served. The course of treatment shall consist primarily of suitable disintoxication measures, though it may include other types of therapy and other measures required for rehabilitation. Treatment shall be given preferably in special assistance centres. It shall be prescribed for an indefinite period and shall be terminated by a decision of the Court taken on the basis of an expert opinion to the effect that the person undergoing treatment is duly rehabilitated or, failing this, that he is capable of attaining an acceptable degree of rehabilitation.

  4. 1.4.3. The immediate destruction of plantations and crops.

  5. 1.4.4. The immediate destruction of raw materials and substances which cannot be used for therapeutic purposes.

  6. 1.4.5. Confiscation of raw materials, substances, equipment and other items that may be of general use (the competent authority shall order that these be handed over immediately).

  7. 2. Civil law

Regulations must be prepared to protect the health and property of the drug addict, and also the interests of his family and third parties. For such purposes the following measures are suggested:

  1. 2.1. Declaration of incapacity to perform certain legal acts; and the appointment of a trustee;

  2. 2.2. Confinement of the drug addict in an appropriate establishment, when there is a risk of danger to himself or to third parties. Such confinement may be voluntary at the suggestion of the health authorities, or may be ordered by the Court if the treatment proposed is not accepted.

  3. 2.3. The Argentine delegation suggests that the addict should be discharged by decision of the health authorities, subject to immediate notification to the Court concerned.

  4. 3. Legal assistance and extradition

  5. 3.1. Drafts should be prepared and instructions issued for the elaboration of a Single Convention on Police Protection, Judicial Assistance and Extradition relating to this specific matter.

  6. Interim recommendations

  7. 1. The Plenary Meeting approved the establishment of a temporary secretariat, which is to consist initially of officials of the Buenos Aires embassies of the countries participating in this Meeting, and is to work in close collaboration with CONATON, the Argentine Ministry of Foreign Affairs and Worship and the specialized international agencies. Delegates appointed by the South American countries for this purpose may also take part in its work. The secretariat shall, inter alia:

  8. 1.1. Serve as a temporary link between the Expert Meeting and the Ministerial Meeting;

  9. 1.2. Register, compile and classify the official working documents produced by the Expert Meeting;

  10. 1.3. Centralize, receive and circulate all new working documents and drafts that are submitted in the period between the two Meetings;

  11. 1.4. Collaborate in other ways, as required, in the preparation of the Ministerial Meeting.

  12. 2. The Plenipotentiary Meeting should be held at Buenos Aires from 25 to 27 April 1973, for the purpose of giving practical effect to the recommendations of the South American Governmental Expert Meeting on Narcotic Drugs and Psycho-tropic Substances.

SOUTH AMERICAN PLENIPOTENTIARY CONFERENCE ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Final Act of the Conference

  1. At the South American Governmental Expert Meeting on Narcotic Drugs and Psychotropic Substances, held at Buenos Aires from 29 November to 4 December 1972, it was decided to convene a Conference of Plenipotentiaries to consider a draft agreement prepared by the pro tempore secretariat.

  2. The South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances was held at Buenos Aires, Argentina, from 25 to 27 April 1973.

  3. The following nine states were represented at the Conference: Argentina, Bolivia Brazil, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela.

  4. The following state was represented at the Conference by an observer: Chile.

  5. Observers from the following countries and international organizations attended the Conference: Dr. Carlos Ochoa, Pan-American Health Organization; Mr. Roberto A. Bishton, Counsellor, Embassy of the United States; Mr. Reinaldo Santos Cantu, Attaché, Embassy of the United States; Mr. Daniel J. Addario, Regional Director for South America and Panama, United States; Mr. Guy Poumeau-Delilie, Medical Research Adviser, France; Mr. Jean Nepote, INTERPOL/ICPO Secretariat; Mr. Fortunato Carranza, United Nations; Mr. Hernen B.A. Witjens, Cultural Attaché, Embassy of the Netherlands; Mr. Suha Umar, Secretary, Embassy of Turkey; Mr. Juan Salazar, Second Secretary, Embassy of Chile; Mr. Luis Enrique Espinoza Carranza, Organization of the American States.

  6. The Conference elected Dr. Oscar Puiggrós, Minister of Social Welfare of the Argentine Republic as President; Dr. Adán Godoy Jiménez, Minister of Public Health of Paraguay, as Vice-President; and Dr. Pablo Purriel, Minister of Public Health of Uruguay, as Rapporteur.

  7. The Conference established the following committees:

Committee I - Chairman, Mr. Alberto I. Calabrese (Argentina); Vice-Chairman, Mr. Mortiz Eiris Villegas (Venezuela); and Rapporteur, Mrs. Ofelia Bachini (Uruguay).

This committee was responsible for studying the Agreement itself.

Committee II - Chairman, Mr. Dario Efrain Centurion (Paraguay); Vice-Chairman, Mr. Ronaldo Revello de Britto Poletti (Brazil); and Rapporteur, Mr. Pablo Dueñas (Ecuador).

This committee studied the First Additional Protocol.

Committee III - Chairman, Mr. Enrique Villa (Argentina); Vice-Chairman, Mr. Juan Antonio Brito del Pino (Uruguay); and Rapporteur, Mr. Andrés Vidovich Morales (Paraguay).

This committee considered the Second Additional Protocol.

  1. The Conference examined the draft Agreement prepared by the pro tempore secretariat. As a result of its deliberations, reported in the Official Records of the Plenary Meetings of the Conference and the Official Records and Reports of the Working Committees, the Conference adopted and opened for signature the South American Agreement on Narcotic Drugs and Psychotropic Substances and its two Additional Protocols.

  2. The delegation of Peru made certain observations on the draft Agreement and First Protocol, which are reported in the official records of the committees concerned.

  3. The Conference also adopted three resolutions and one recommendation which are annexed to this Final Act.

IN WITNESS WHEREOF the representatives have signed this Final Act.

DONE at Buenos Aires, this 26th day of April 1973 in two copies, in the Spanish and Portuguese languages, the texts of which are equally authentic. The original texts shall be deposited in the Ministry of Foreign Affairs and Worship of the Argentine Republic.

RESOLUTION I

The South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances,

Noting that until such time as the Agreement enters into force and the pro tempore committee provided for in article 11, para. 3, is constituted, continuity of work must be ensured;

Acknowledging the important work done by the pro tempore secretariat,

Resolves:

That, so as not to interrupt the activity undertaken to ensure the optimum success of the Agreement, the pro tempore secretariat shall continue to function as heretofore. It shall cease to function when the pro tempore committee is constituted.

RESOLUTION II

The South American Plenipotentiary Conference on Narcotic Drugs and Psycho-tropic Substances,

Resolves:

To accept with gratitude the proposal of the delegation of Paraguay to designate the city of Asunción, capital of the Republic of Paraguay, as the site of the next South American Plenipotentiary Conference on Narcotic Drugs and Psychotropic Substances.

RESOLUTION III

The South American Plenipotentiary Conference on Narcotic Drugs and Psycho-tropic Substances,

Resolves:

To thank the Government of the Argentine Republic for the cordial hospitality accorded to the participating delegations, for all the assistance which it has given in the preparation and holding of this Conference, and for the contribution it has made to its success.

RECOMMENDATION

The South American Plenipotentiary Conference on Narcotic Drugs and Psycho-tropic Substances,

Recommends:

Acceptance of the offer made by the Organization of American States to co-operate in the field of prevention in the following terms:

  1. A unit concerned with the problem of prevention and rehabilitation would be set up in one of the social affairs sections of the secretariat, operating in close co-ordination with the economic, scientific, educational and legal affairs sections.

  2. The following tasks would be performed by the Inter-American Centre for Social Development (CIDES):

  1. Identification of public and private institutions concerned with preventing the use of drugs in America, and particularly Latin America.

  2. Promotion of research, especially social research, with a view to determining the relevant variables responsible for drug consumption, especially among young people and adolescents.

  3. Assistance, economically and through IICA, to countries in replacing crops from which narcotic and psychotropic substances are derived with other economically rewarding crops, having regard for the cultural and anthropological factors normally found in certain regions.

  4. Encouragement of research relating to the identification of narcotics, and of the permanent exchange of scientific information between centres engaged in combating drug addiction. It was noted at the Conference that in certain countries new types of hallucinogens, such as mushrooms in the Mérida region of Venezuela, are being discovered and are spreading to neighbouring areas and countries. In such cases the information must serve to maintain the ability of the centres to identify new harmful substances, particularly indigenous substances. To that end, work can be co-ordinated with the United Nations Division of Narcotic Drugs at Geneva.

  5. The unit would also have the task of carrying out or promoting studies on comparative legislation in the Latin American countries, both preventive and penal, with particular reference to penal legislation relating to production, marketing and trafficking.

  6. In the educational field, efforts could be made to expand or develop activities designed to train South American teachers in methods of publicizing the harm caused by the use of drugs. This could be done at all levels of education through the in-service training centres for teachers operating in most South American countries. OAS is contributing to various programmes at a number of these in-service training centres, so that the necessary channels already exist. The Inter-American Children Institute could also be brought into this work.

  7. The unit could also study and disseminate mass communication techniques applicable to the prevention of drug use and, of course, to the promotion of the international exchange of experience. In this respect, OAS could make a valuable contribution through its educational television programme.

Narcotic Drugs and Psychotropic Substances 9

  1. Support for regional institutions established for these purposes in the future, such as the South American centre proposed at the previous meeting, through the provision of all-round technical assistance, especially the forms of assistance mentioned above.

  2. The over-all scheme of work could also include OAS sponsorship of fellowship and exchange programmes, technical assistance to national or regional organizations, and the holding of seminars, forums and even conferences.

  3. Co-ordination with the United Nations Division of Narcotic Drugs.

South American Agreement on Narcotic Drugs and Psychotropic Substances

The South American Plenipotentiary Conference on Narcotic Drugs and Psycho-tropic Substances, meeting in the city of Buenos Aires from 25 to 27 April 1973,

Considering that the gravity of the problem of drug abuse demands the constant, and combined attention of all the countries of South America, guided by common principles and objectives,

Considering that even if the size, characteristics and scope of this problem may be different in each of the participating countries, the dangers and damage affect them all,

Bearing in mind the recommendations of the South American Governmental Experts Meeting held at Buenos Aires from 29 November to 4 December 1972,

Agrees:

  1. To implement the measures necessary to achieve close co-operation and an efficient exchange of information in all that relates to the fight against the abuse of narcotic drugs and psychotropic substances, particularly with respect to: ( a) control of licit traffic, ( b) suppression of illicit traffic, ( c) co-operation between national police organs, ( d) harmonization of penal and civil norms, ( e) standardization of administrative provisions governing retail sales, ( f) prevention of drug addiction, ( g) treatment, rehabilitation and social reintegration of drug addicts.

  2. To create or designate, in each country, an organ to act as the co-ordinating and centralizing body, within that country, for all that relates to the abuse of narcotic drugs and psychotropic substances.

  3. To hold annual technical meetings on the various aspects of the problem; to bring about consultations and exchanges of information that would contribute to permanent links between the various national co-ordinating bodies.

  4. To promote plans for the intensive education of the community, using methods suitable to the specific problems of each country and consistent with its social and cultural characteristics, giving priority attention to children and adolescents and emphasizing the family, teacher, student and social welfare levels, under the supervision of qualified experts.

  5. To give special support to any scientific research activity whose direct or indirect object is to develop knowledge on drug addiction, its causes and its consequences, and to create or introduce new methods of combating it or improve existing methods.

  6. To harmonize the legal regulations of the signatory countries, in conformity with the First Additional Protocol.

  7. To take the necessary measures to ensure that the staff of the police organs engaged in combating the abuse of narcotic drugs and psychotropic substances attain a high degree of proficiency and training, while promoting closer co-ordination between the specialized organs of the Contracting Parties.

  8. In those particular cases of illicit trafficking or related activities that by their nature affect more than one country, the Parties undertake to provide whatever cooperation may be required to enable the responsible organs of the countries concerned jointly to carry out the relevant investigations and activities.

The procedures for such joint operations shall be established in each particular case between the organs concerned, recourse being had to the facilities accorded by ICPO/Interpol through its national branches, for the exchange of information and co-operation at the specialized police level.

  1. To standardize the regulations for the licit distribution of narcotic drugs and psychotropic substances along the lines indicated in the Second Additional Protocol.

  2. To strengthen existing measures for the eradication of plantations of cannabis and coca, and to prohibit plantations of the opium poppy in South America, except for those plantations which are operated, under control, for purposes of scientific research.

  3. The States Parties shall convene a conference to consider the establishment of a permanent secretariat of narcotic drugs, whose object will be to facilitate co-ordination on the aspects enumerated above. The Conference shall consider the financing, location, structure and functions of the secretariat, having constant regard for the best use of available resources and for the activities carried out by the national organs of the States Parties.

The co-ordination of national activities and the co-operation between States Parties provided for above shall be effective as from the day on which this Agreement enters into force.

When the Agreement enters into force, the States Parties shall designate representatives who shall meet in the city of Buenos Aires for the purpose of making the preparatory studies for the conference provided for in this article, with the technical assistance and secretarial support of the organ responsible for centralizing the campaign against drugs in the Argentine Republic. These representatives shall constitute a pro tempore committee which shall be authorized to request and centralize information, study and analyse the forms which co-operation might take, establish contact with the national co-ordinating bodies mentioned in article 2, and hold informal consultations with the international agencies concerned with the problem.

  1. This Agreement shall be open for signature by the States which have participated in the South American Plenipotentiary Conference on Narcotic Drugs and Psycho-tropic Substances, until 30 June 1973.

It is subject to ratification.

The instruments of ratification shall be deposited with the Government of the Argentine Republic.

After 30 June 1973 it shall be open to accession by the States referred to in paragraph 1 of this article. The instruments of accession shall be deposited with the Government of the Argentine Republic.

  1. It shall enter into force on the thirtieth day following the day on which the fourth instrument of ratification or accession has been deposited as provided for in article 12.

For each State which ratifies the Agreement or accedes to it after the fourth instrument of ratification or accession has been deposited, the Agreement shall enter into force on the thirtieth day following the day on which that State deposited its instrument of ratification or accession.

  1. After the expiry of two years from the date of the entry into force of this Agreement, any State Party may denounce it by a communication in writing deposited with the Government of the Argentine Republic.

The denunciation shall take effect one hundred and eighty days after the day on which it was formulated.

  1. Any State Party may propose an amendment to this Agreement. The text of the amendment and the reasons therefor shall be communicated to the Government of the Argentine Republic, which, in turn, shall communicate them to the other States Parties.

If a proposed amendment circulated under the first paragraph of this article has not been objected to by any of the States Parties within one hundred and eighty days from the date on which it was transmitted, it shall enter into force automatically.

If any of the States Parties objects to a proposed amendment, the depositary shall convene a conference to consider such amendment.

  1. The original of this Agreement, of which the Spanish and Portuguese texts are equally authentic, shall be deposited with the Ministry of Foreign Affairs and Worship of the Argentine Republic.

DONE at Buenos Aires, capital of the Argentine Republic, this twenty-seventh day of April one thousand nine hundred and seventy-three.

First additional Protocol I. CRIMINAL LEGISLATION 1. Substances concerned

In order to classify the different types of offence, it is essential to define the substances concerned. They are defined in the following terms: "Narcotic drugs and psychotropic and other substances likely to produce physical or psychological dependence, as designated in the lists which Governments are to revise periodically."

Countries which have not ratified the 1961 Single Convention on Narcotic Drugs, the Protocol Amending the Single Convention, and the 1971 Convention on Psychotropic Substances, may refer to the substances listed in those Conventions.

2. Acts to be considered as offences

  1. Acts relating to the production process : sowing, growing, manufacture, extraction, preparation and any other form of production;

  2. Acts relating to marketing: import or export, storage, sale, distribution, warehousing, transport and any other form of marketing;

  3. Acts relating to the organization and financing of the activities described in sub-paragraphs ( a) and ( b) above.

( d) Supply, application, procurement or delivery, whether for consideration or free of charge;

  1. Improper or fraudulent supply, application, procurement or delivery by professional persons authorized to prescribe;

  2. Production, manufacture, preparation or use by professional persons authorized to engage in those activities when they are carried out improperly or fraudulently;

  3. Clandestine production, manufacture, preparation or use;

  4. Possession, other than in the cases mentioned above and without a legitimate reason, of the substances and raw materials or elements intended for their elaboration;

  5. Provision, whether for consideration or free of charge, of movable or immovable property intended, or used, for the commission of these offences;

  6. Incitement, promotion or encouragement of the use of the substances concerned, and the personal use thereof in public.

3. Aggravating circumstances

  1. Supply, application, procurement or delivery to minors or to mentally handicapped persons;

  2. Supply, application, procurement or delivery for the purpose of creating or maintaining a state of dependence;

  3. Supply, application, procurement or delivery by the use of violence or fraud;

  4. The commission of a punishable offence by the use of a person who cannot be held legally responsible;

  5. Being a doctor, dentist, chemist, pharmacist, veterinary, botanist or other professional who has specialized knowledge or exercises a related activity;

  6. Being a civil servant responsible for the prevention and prosecution of the offences referred to;

  7. When the offence is committed in the vicinity of, or inside, an educational establishment, welfare centre, place of detention, sports, cultural or social institution, or on premises used for public performances or entertainment;

  8. Recidivism;

  9. Association with intent to commit an offence;

  10. Being a teacher or person responsible for the training of children or young people.

4. Consequences of punishable offences

The penalties which may be imposed jointly or alternatively, depending on the seriousness of the offences committed and other circumstances, are:

  1. Restriction of liberty, fines and disqualification from exercising a trade or profession or from holding public office;

  2. If the convicted person is addicted to the substances, the court shall always order a course of treatment and re-education, and may, in addition, depending on the circumstances of the case, consider the sentence as having been purged and order only the course of treatment and re-education, or he may order such course to be followed before, after or during the period of restriction of liberty.

The course of treatment shall consist primarily of appropriate detoxication measures, without prejudice to other types of therapy and whatever else is required for rehabilitation. Treatment shall be given preferably in special assistance centres. It shall be given for an indefinite period and shall be terminated by judicial decision following a finding by experts that the person undergoing treatment has been rehabilitated or, failing this, that he is capable of attaining an acceptable degree of rehabilitation.

  1. The immediate destruction of plantations and crops;

  2. The immediate destruction of raw materials and substances which cannot be used for therapeutic purposes;

  3. Confiscation of raw materials, substances, equipment and other items that may be of general use, and to that end the competent authority shall order that they be handed over immediately.

II. CIVIL LEGISLATION

Regulations shall be prepared to protect the health and property of the addict, and defend the interests of his family, particularly the moral training and education of his children, and of third parties.

For such purposes the following measures are suggested:

  1. Judicial declaration of incapacity to perform certain legal acts, and consequent appointment of a trustee;

  2. Confinement of the addict in a suitable establishment in case of danger to himself or to third parties.

Second additional Protocol

  1. Once a decision is taken to include a given substance or pharmaceutical preparation in the group of substances capable of bringing about psychological or physical dependence, each State Party shall provide the other States Parties with a report every six months.

  2. Each State Party, on learning that a given substance has been included in the above-mentioned group of substances, shall in its turn endeavour to have it included in the same group, taking into account, for this purpose, the reasons submitted to it.

  3. In their co-operation, the States Parties, shall always maintain the control requirements laid down in the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.

  4. The States Parties shall intensify measures to eradicate plantations of coca and cannabis and supervise the cultivation, harvesting, commercial exploitation and marketing of existing plantations, and they shall prohibit plantations of the opium poppy.

Where plantations are required for scientific purposes or industrial uses, the States Parties may authorize their commercial exploitation under very strict supervision.

  1. A licence issued by the competent national authority shall be necessary in order to extract, produce, manufacture, process, prepare, possess, import, export, re-export, consign, transport, exhibit, offer, sell, buy or exchange, or to store for any of the foregoing purposes, any of the substances indicated in article 4, in whatever form.

  2. The States Parties shall appoint an authority responsible for granting certificates authorizing the import, export and re-export of narcotic or psychotropic substances.

  3. The granting of a certificate for the import of narcotic drugs or psychotropic substances shall not be permitted to any person who has been convicted in criminal proceedings or to any business enterprise with which he is associated, particularly if such proceedings were based on a violation of the health laws.

  4. Applications for certificates to import narcotic drugs or psychotropic substances addressed to the competent authorities shall specify the nature, origin and quantity of each of the products to be imported during the year covered by the application, as well as the name of the exporting firm.

  5. Certificates to import narcotic drugs or psychotropic substances shall not be transferable.

  6. If a substance controlled under the Conventions referred to in article 3 is imported without an import certificate, the operation shall be deemed contraband, the goods confiscated by the State Party concerned and those responsible punished in accordance with national legislation.

  7. A special licence from the competent authority shall be required for any chemical or pharmaceutical establishment which manufactures, processes or purifies synthetic or extractive narcotic substances.

  8. Such substances and/or pharmaceutical preparations containing them may be acquired only by duly authorized establishments upon an application which has been signed by the responsible officer of the establishment concerned.

  9. The establishments referred to in article 12 shall be required to keep a file of the documents attesting to the acquisition and disposal of narcotic and psychotropic substances.

  10. Reports of the quantities of narcotic and psychotropic substances received, processed, consumed and stocked shall be sent to the competent authorities for every quarter expiring on the last day of March, June, September and December, made out in accordance with models previously adopted by the competent national authorities.

  11. Only legally authorized establishments shall be permitted to dispense narcotic and psychotropic substances to the public.

Such substances shall be prescribed only by legally authorized professional persons, and their prescriptions must be kept by the pharmacies for checking and approval by the competent national health-control authorities.

  1. Every pharmaceutical establishment (drug-store, pharmacy or other) shall maintain a suitable system for registering all prescriptions so that the quantities acquired and the quantities expended can be compared.

  2. For narcotic drugs and other substances capable of producing physical or psychological dependence with a degree of risk equivalent to that of amphetamines and similar substances, an official prescription pad shall be introduced which shall be numbered, printed and distributed by the competent authority to each legally authorized professional person.

  3. For other drugs acting on the central nervous system, those States Parties which deem it necessary shall permit the use of a numbered prescription pad printed by the professional person himself, without registration with the competent health control department, provided that the name and address of the patient and the nature of the drug prescribed is recorded on the prescription counterfoil; in addition, particulars concerning the professional person signing the prescription shall appear on the pages of the prescription pad.

  1. Prescriptions shall be kept by the establishments where they were dispensed (pharmacies, drug-stores, etc.) to be made available to the competent health control unit for checking and approval.

  2. Prescriptions for substances and/or pharmaceutical preparations containing substances with respect to which there is doubt as to their dependence-producing properties shall be made out on ordinary professional prescription pads, the prescriptions being kept by the dispensing pharmacy.

  3. Drug addiction or habitual intoxication by means of narcotic or psychotropic substances shall be treated as diseases reportable in confidence to the local competent authority.

  4. Drug addicts and persons habitually intoxicated by narcotic drugs or by the above-mentioned substances shall, after a suitable study of their state of health, be liable to compulsory or optional confinement in an institution for treatment for a specific or indefinite period.

  5. Compulsory confinement shall be in an establishment under, or subject to, official control.

  6. An addict who is in compulsory confinement but who has not gone through criminal proceedings shall be treated as a patient, in keeping with the national legislation of each State Party.