Illicit Trafficking in Narcotic Drugs and Psychotropic ... - menafatf

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Second Topic
Trafficking in Narcotic Drugs and Psychotropic Substances
First: Licit trade in narcotic drugs and psychotropic substances:
1-Licit trade in narcotic drugs:
In some cases, trade in drugs is considered licit subject to certain controls. The Single Convention
on Narcotic Drugs, 1961 and as amended by the 1972 Protocol, includes provisions with respect to
licit trade in drugs where Article 30 of the Convention is entitled "Trade and Distribution". The
Parties shall require that the trade in and distribution of drugs be under license except where such
trade or distribution is carried out by a State enterprise or State enterprises. The Parties shall
control all persons and enterprises carrying on or engaged in the trade in or distribution of drugs.
They shall also control under license the establishments and premises in which such trade or
distribution may take place. The requirement of licensing need not apply to preparations.
Due to the threat posed by drugs, the controls included a number of issues, such as the prevention of
the accumulation in the possession of traders, distributors, State enterprises or duly authorized
persons, of quantities of drugs and poppy straw in excess of those required for the normal conduct
of business, subject to the prevailing market conditions. Moreover, medical prescriptions are
required for the supply or dispensation of drugs to individuals. This requirement need not apply to
such drugs as individuals may lawfully obtain, use, dispense or administer them while performing
their therapeutic function.
2- Licit trade in psychotropic substances:
Such as the case with drugs, the Convention on Psychotropic Substances, 1971, included provisions
relating to licit trade in psychotropic substances. The provisions of Article 12 "Provisions Relating
to International Trade" established that: “every Party permitting the export or import of substances
in Schedule I or II shall require an import or export authorization, on a form to be established by
the Commission, to be obtained for each such export or import whether it consists of one or more
substance. Such authorization shall state the international non-proprietary name, or, lacking such a
name, the designation of the substance in the Schedule, the quantity to be exported or imported, the
pharmaceutical form, the name and address of the exporter and importer, and the period within
which the export or import must be effected. If the substance is exported or imported in the form of
a preparation, the name of the preparation, if any, shall additionally be furnished. The export
authorization shall also state the number and date of the import authorization and the authority by
which it has been issued. Article 13 of the Convention included the prohibition of and restrictions
on export and import of such psychotropic substances.