TNAG-2343-FCO40-3407-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 60

RESTRICTED

010233

MDLIAN 1775

RESTRICTED

FM QUITO

TO PRIORITY FCO

TELNO 115

OF 26133OZ JUNE 91

HKC385/1

pw.

HK / 2nd county drugs.

AND TO PRIORITY HOME OFFICE (FOR HARDING, C7 DIVISION)

INFO ROUTINE HONG KONG

UK/ECUADOR BILATERAL DRUGS CONFISCATION AGREEMENT SUMMARY

1. AGREEMENT REACHED, AD REFERENDUM, ON A BILATERAL DRUGS AGREEMENT. DETAIL

2. A JOINT FCO/HOME OFFICE TEAM VISITED ECUADOR ON 24 AND 25 JUNE FOR NEGOTIATIONS ON A BILATERAL AGREEMENT TO COOPERATE IN TRACING, FREEZING AND CONFISCATING THE PROCEEDS OF DRUG TRAFFICKING. AGREEMENT WAS REACHED, AD REFERENDUM, ON A TEXT SUBSTANTIALLY SIMILAR TO THE UK'S MODEL AGREEMENT. IT WAS AGREED THAT ARRANGEMENTS COULD BE MADE FOR SIGNATURE AS SOON AS THE TEXT HAD BEEN APPROVED BY THE UK'S LEGAL AND TREATY EXPERTS AND ECUADOR'S NEWLY CREATED NATIONAL DRUGS COUNCIL (CONSEP).

3. THE MAIN ISSUES DISCUSSED WERE AS FOLLOWS:

A) ECUADOR CONFIRMED THAT, AS THEY HAD RATIFIED THE VIENNA CONVENTION, IT BECAME PART OF DOMESTIC LAW. THIS ENABLED ECUADOR TO OFFER RECIPROCAL LEGAL ASSISTANCE TO OTHER COUNTRIES EVEN THOUGH THIS WAS NOT SPELT OUT IN THE 1990 DRUGS LAW.

B) ECUADOR SAID THAT ACCORDING TO DOMESTIC LAW ALL REQUESTS FOR ASSISTANCE HAD TO BE TRANSMITTED THROUGH THE DIPLOMATIC CHANNEL. IN CONSEQUENCE DIRECT CONTACT BETWEEN THE CENTRAL AUTHORITIES, AS THE UK WOULD HAVE PREFERRED, WILL NOT BE POSSIBLE.

C) THERE WAS A FULL DISCUSSION ON ECUADOR'S LEGAL PROCEDURES TO IDENTIFY THE POINT, EQUIVALENT TO THAT IN THE UK'S PROCEDURES, AT WHICH RESTRAINT OF ASSETS WAS POSSIBLE. THIS CAUSED CONSIDERABLE DIFFICULTY AS ECUADOR'S METHODOLOGY AND TERMINOLOGY WERE QUITE

DIFFERENT FROM THE UK'S.

D) THE ECUADOREANS, INITIALLY, WISHED TO RESTRICT THE PROVISION OF EVIDENCE TO SAMPLES ONLY OF THE MATERIAL SOUGHT. IT TRANSPIRED THAT THIS APPLIED ONLY TO THE DRUGS USED IN THE OFFENCE. THE TEXT NOW ALLOWS FOR THE TRANSMISSION OF EVIDENCE IN ITS ENTIRETY.

E) THE UK TEAM EXPLAINED THAT HONG KONG PREFERRED TO NEGOTIATE ITS OWN DRUGS AGREEMENTS RATHER THAN HAVE THE UK'S AGREEMENT EXTENDED TO COVER HONG KONG. ECUADOR INDICATED WILLINGNESS, IN PRINCIPLE, TO CONSIDER AN AGREEMENT WITH HONG KONG.

4. FOLLOWING THE ECUADOREAN GOVERNMENT'S AGREEMENT LAST WEEK (MY TELNO 007 TO HONG KONG) TO PROVIDE A SAMPLE OF HEROIN FOR A

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