Bs. As., 5/11/97
VISTO Articles 24 and 44 of Law No. 23.737 and Decrees No. 2064/91, 1095/96, 1339/96 and 1426/96 and,
Article 24 of Act No. 23,737 provides that the NATIONAL EXECUTIVE POWER shall determine substances that are to be considered precursors and chemicals essential to the development of narcotic drugs.
Article 44 of the same legal body provides that companies and commercial companies that produce, manufacture, prepare, export or import authorized chemicals or chemicals and that by their characteristics or components they may be illegally derived to serve as a basis or used in the development of narcotic drugs, shall be registered in the special register that the NATIONAL EXECUTIVE PODER determines, which shall be kept updated through regular inspections to registered entities.
That Decree No. 2064/91, which regulates Act No. 23,737, entrusted by its article 11, to the National Customs Administration, to bring a detail of the definitive import destinations for consumption, of the suspensive destinations for temporary import and of the exports with equal characteristics, of the substances included in Lists I and II, also to resolve that detail to be made available to the Secretariat for the Prevention of Drug Trafficking.
That Decree No. 1095/96, which regulates article 44 of Act No. 23,737, establishes the measures to be taken to control the domestic production and internal and foreign trade of chemicals that are likely to be used in the illicit manufacture of narcotic drugs and psychotropic substances.
That Decree No. 1339/96 institutes for the Secretariat of Programming for the Prevention of Drug Addiction and the Fight against Drug Trafficking of the Presidency of the Nation the implementation of the " Anti-Drug Strategy in the Hemisphere" unanimously approved by the Inter-American Commission on Drug Abuse Control (CICAD) of the Organization of American States (O.E.A.) in the Transmission of the Twenty-Seventh Ordinary Period.
That the document establishes in the field of chemical precursor control the need to establish and strengthen internal control mechanisms in accordance with the provisions of the 1988 Vienna Convention and in accordance with the CICAD Model Regulations for the Control of Precursors and Chemicals, recommended, in the light of the emergence of new chemicals used in the development and production of drugs, to update the lists of controlled chemicals where necessary.
That the application of a control regime enabled the creation of the National Registry of Chemical Precursors by Decree No. 1426/96 is responsible for maintaining the full, reliable and up-to-date record of import and export transactions authorized by the Secretariat for Drug Prevention and Drug Trafficking Programming of the Presidency of the Nation on chemical precursors and essential chemicals in the terms of Decree No. 1095/96, as well as in the registration of such manufacturers, producers, preparers, importers and exporters.
That the application of the new established control system has arisen the need to adapt various operational aspects according to the branch and type of activity, the regions of the country in which they develop, the scales of production, transport and marketing and other differentiating characteristics.
That, in order to ensure the control to be exercised by the Secretariat of Programming for the Prevention of Drug Addiction and the Fight against Drug Trafficking of the Presidency of the Nation, of the chemicals that are likely to be used in the illicit manufacture of narcotic drugs, it is incumbent upon the Agency to modify the Certificates of Registration and Importation/Export, whose models are attached respectively as Annexes III and IV of Decree No. 10996
That the present measure is in use of the powers conferred by article 99, subparagraphs 1 and 2 (o) of the NATIONAL CONSIITUTION and articles 24 and 44 of Act No. 23,737.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 The Programming Secretariat for the Prevention of Drug Addiction and the Fight against Drug Trafficking of the Presidency of the Nation, in the application of the control regime for chemical precursors and other procedures of Law No. 23.737 and its regulatory Decree No. 1095/96, will implement the following aspects of the Document "The Anti-Drug Strategy in the Hemisphere", approved by Decree No. 1339/96:
(a) It will control the diversion of precursors and chemicals essential to the development and production of illicit drugs.
(b) It will strengthen and establish internal control mechanisms for precursors and chemicals in accordance with the 1988 Vienna Convention and in accordance with the Model Regulations of the Inter-American Drug Abuse Control Commission (CICAD).
(c) It will strengthen cooperation on cross-border controls on essential chemicals and precursors.
(d) It will have information and statistics on production, marketing, licit use and diversion and seizure of the said substances.Art. 2o- The powers delegated in articles 33 and 34 of the Decree No. 1095/96 may be exercised by the Secretariat of Programming for the Prevention of Drug Addiction and the Fight against Drug Trafficking of the Presidency of the Nation, depending on the type of activity under control, both in the process of production, transport and marketing of chemical substances susceptible to be used in the illicit manufacture of narcotics and psychotropic substances, according to the scales and stages of production, transport and other marketing, Art. 3o- Please refer to the Secretariat for Drug Prevention and Drug Trafficking Programming of the Presidency of the Nation to modify the models of Certificates of Registration and Import and Export, attached as Annex III and IV of Decree No. 1095/96, in order to update them to improve controls and to adapt them to national and international systems and regulations, and to ensure the maximum safety and security of such measures. Art. 4o- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM. - Jorge A. Rodriguez. Carlos V. Corach.