El Salvador

Drug and Chemical Control
El Salvador

I. Summary
El Salvador is a transit country for narcotics, mainly cocaine and heroin. In 2003, the Government of El Salvador (GOES) passed a new counternarcotics law. The Forward Operating Location (FOL) facilities were expanded, and Salvadoran law enforcement cooperated with U.S. authorities on cases that led to the indictment in the U.S. of six major foreign drug traffickers. The National Civilian Police (PNC) increased their seizures of heroin. While El Salvador is not a major financial center, assets forfeited and seized as the result of money laundering or other crimes amounted to $4.23 million dollars in 2003. Salvadoran authorities complied with resolutions regarding terrorist assets and did not find assets from individuals or entities on the terrorism lists.

II. Status of Country
Located in the isthmus between the U.S. and the major drug producing nations, El Salvador is a transit point for trafficking. Cocaine and heroin are the most commonly trafficked drugs. Climate and soil conditions are unfavorable for coca cultivation. Precursor chemical production, trading, and transit are not significant problems.

III. Country Actions Against Drugs in 2003
Policy Initiatives. According to the Salvadoran Anti-Drug Commission (COSA), progress in
implementing the 2002-2008 National Anti-Drug Plan, the counternarcotics master plan of the
Salvadoran Government (GOES), was made in the categories of 1) prevention, treatment,
rehabilitation, and social reintegration; 2) research, information, and statistics; 3) substance
control; and 4) law enforcement. In addition, the Salvadoran Legislature passed a new
counternarcotics law.

Accomplishments. A significant development in achieving or maintaining compliance with the
goals and objectives of the 1988 UN Drug Convention was the passage of a new
counternarcotics law, which came into effect on November 7, 2003. The new law contains a
stronger and more well-defined conspiracy provision, increases the penalties for a broad range of drug-related offenses, and includes additional aggravating circumstances that can further enhance penalties. It also punishes simple possession of illegal drugs and better defines procedures for the use of undercover agents, undercover buys, controlled deliveries, and confidential informants. In addition, the new law includes detailed procedures for the
immobilization, seizure, and forfeiture of assets, including the establishment of a special fund for forfeited drug-related assets to be used for law enforcement, drug treatment, and drug prevention purposes. Another significant legislative development was the October 9, 2003 passage ofan antigang law that led to the arrest of some gang members with connections to drug-trafficking.

Other significant developments included the establishment of an inter-agency working group to exchange information and coordinate actions to control the import and export of chemical
substances and precursors as well as to respond to questionnaires and surveys required by the International Narcotics Control Board (INCB).

COSA points out its accomplishments in the following areas. In the area of prevention, strides
were made including: the development of drug-prevention plans at the municipal level,
celebration of the first-ever National Anti-Drug Week, the formation of youth counternarcotics
coalitions in the country's 14 departments, and presentation of drug-prevention training courses and workshops.

Major achievements in the research, information and statistics category included the initiation of the second phase of the Inter-American System of Uniform Data on Drug Consumption survey, submission of quarterly reports on money-laundering and drug-related arrests, and the completion of a drug survey in 19 prison facilities.

Under the substance control category, major achievements included the creation of a
coordination group for the auditing and control of substances at the ports of entry and holding two training workshops for 70 Customs and police personnel.

In addition, the United Nations Office on Drugs and Crime and the Inter-American Drug Abuse
Control Commission of the Organization of American States (OAS) held a mock moneylaundering trial. El Salvador joined the Caribbean Financial Action Task Force, implemented the PNC's strategic counternarcotics plan, and reinforced security and control in the customs houses at the ports of entry.

Instances of regional counternarcotics cooperation included: the creation of a Permanent Central American Commission for the Eradication of the Production, Trafficking, Consumption, and Illicit Use of Drugs and Psychotropic Substances in Honduras; the establishment of a regional office of the International Criminal Police Organization in El Salvador; the PNC's continuing implementation of the Regional Plan for Reducing Drug Demand and Supply; a database for the exchange of information with local and international authorities regarding money laundering; and the operation of the Joint Information Coordination Center (JICC) which coordinates regional counternarcotics investigations and operations.

The GOES responded to the annual questionnaire of the United Nations International Drug
Control Program, provided training to forensic laboratory personnel, held a training seminar on improving the quality of analysis regarding seized drugs provided to the courts, sent delegates to the Second Sub-regional Workshop of the Coalition of Central American Youth Organizations for the Prevention of Drug Abuse and HIV/AIDS, and participated in the School Prevention Seminar for the development of national plans for drug prevention, rehabilitation, and social reintegration.

The obstacles that prevented El Salvador from fully achieving all of the objectives of the 1988 UN Drug Convention included legal shortcomings, limited resources, and the consequent need to seek additional support from international organizations to carry out programs that would reach those objectives.

The new FOL facilities, located within the Salvadoran Air Force Base at Comalapa International
Airport, were inaugurated on November 13, 2003, and include expanded office, storage, runway, and classified briefing spaces.

Law Enforcement Efforts. Law enforcement efforts in 2003 were adequate, given resource
constraints and legal shortcomings, and in some areas represented an improvement over past
years. These efforts were heavily focused on priority targets of mutual interest to both the U.S. and Salvadoran governments. Salvadoran efforts in this area led directly to the U.S. indictment of six major foreign drug traffickers, two of which were successfully expelled to the United States.

Salvadoran law enforcement efforts are still hindered by constitutional prohibitions on
investigative tools such as wiretapping. Salvadoran authorities have encountered difficulties
obtaining judicial authorization to destroy clandestine airstrips situated on private property and used by drug traffickers. The GOES gives a very high priority to counternarcotics law
enforcement, but its available resources are inadequate to achieve all of its counternarcotics
objectives. This is mainly because El Salvador is a poor country whose resources are targeted to other national priorities. Nevertheless, in 2003, the PNC's Anti-Narcotics Division (DAN) seized 17 kilograms of cocaine, less than 1 percent of last year's record haul of 2,068 kilograms, and slightly less than the 18 kilograms seized in 2001. This result reflects the somewhat anomalous single capture of 2,000 kilograms of cocaine in 2002 and, probably, traffickers' reluctance to risk sending large shipments by way of El Salvador given the presence of the FOL.

In 2003, the DAN also seized about 22.1 kilograms of heroin, an amount more than 66 percent greater than the 13.2 kilograms seized in 2002 and more than twice as much as the 10.5 kilograms seized in 2001. There were 1,390 drug arrests in 2003, 4 percent more arrests than the 1,338 recorded in 2002, but 66 percent fewer than the 4,003 in 2001. This arrest level reflects the DAN's change of focus from arresting small drug dealers to investigating major drug traffickers.

However, like the rest of the PNC, the DAN suffers from a lack of resources. U.S. aircraft flying out of the FOL played a significant role in the seizure of more than 39 tons of cocaine, mostly on the Pacific high seas.

The Salvadoran Navy's ability to patrol the Pacific coast was enhanced by the transfer of ex-U.S. Coast Guard vessels and boarding equipment in 2001. However, the Salvadoran Navy has been not yet been able to take full advantage of these new acquisitions in 2003 because of a lack of funds for fuel and maintenance.

Corruption. With U.S. Government (USG) assistance, the GOES drafted a code of government
ethics and proposed an Office of Government Ethics to prevent, identify, and control corruption among public officials. A bill to establish the Office within the Court of Accounts (the Salvadoran equivalent of the Inspector General's Office) was submitted to the Legislative Assembly. The PNC's Internal Affairs Unit and the Attorney General's Office (FGR) investigate and prosecute police officers for corruption and abuse of authority. The USG provided specialized training in anticorruption to police, prosecutors, and judges.

The new drug law's provisions criminalizing drug conspiracies, preparative acts to commit drug offenses, cooperation in trafficking, and being an accessory to such offenses could apply to a corrupt official involved in drug trafficking. Moreover, using one's official position in relation to the commission of a drug offense is an “aggravating circumstance” that can result in an increased sentence of up to one-third of the statutory maximum. Furthermore, Salvadoran anticorruption laws apply broadly to corrupt acts, including accepting or receiving money or other benefits in exchange for an act or omission in relation to one's official duties, whether or not such bribery is drug-related.

The FGR's Anti-Corruption Unit is investigating several important cases of public corruption,
including one involving the public water utility (ANDA) in a multimillion-dollar fraud. Although none of these cases is directly related to narcotics, they show that the GOES is making efforts to enforce its laws against corruption.

As a matter of policy, the GOES does not encourage or facilitate illicit production or distribution of narcotics or psychotropic drugs or other controlled substances, or the laundering of proceeds from illegal drug transactions. No senior official is known to engage in, encourage, or facilitate the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions. The GOES has no INL-provided aircraft, nor has it misused any other equipment purchased with INL funds.

El Salvador is a party to the Inter-American Convention Against Corruption. Consistent with the country's obligations under that Convention, the law criminalizes soliciting, receiving, offering, promising, and giving bribes, as well as the illicit use and concealment of property derived from such activity.

Agreements and Treaties. The current extradition treaty between the United States and El
Salvador does not provide for the extradition of nationals. Narcotics offenses are covered as
extraditable crimes by virtue of the 1988 UN Drug Convention, to which El Salvador is a party.
Negotiations for a new, more comprehensive extradition treaty began in 2001 but are still in
progress. El Salvador is a party to the 1971 UN Convention on Psychotropic Substances and the 1961 UN Single Convention on Narcotic Drugs as amended by the 1972 Protocol.

There is no bilateral mutual legal assistance treaty between El Salvador and the United States.
But, mutual legal assistance in narcotics cases is available to the United States and El Salvador under Article 7 of the 1988 UN Drug Convention. Also, El Salvador has signed the Inter-American Convention on Mutual Assistance in Criminal Matters which, once ratified by El Salvador, will provide additional tools to facilitate legal cooperation between the United States and El Salvador.

There is no bilateral precursor chemical agreement between El Salvador and the United States. Formal negotiations continue on a comprehensive maritime counternarcotics cooperation agreement, and the USG has offered an interim step of an International Maritime Interdiction Support Agreement that would allow expeditious movement of detainees and samples of contraband seized at sea to move through Salvadoran territory to the U.S. for prosecution. Annually, the two governments sign agreements under which the USG provides counternarcotics assistance to El Salvador.

El Salvador’s Legislative Assembly approved the UN Convention against Transnational
Organized Crime and its protocols on November 12. El Salvador is a signatory to the Central
American convention for the Prevention of Money Laundering Related to Drug-Trafficking and
Similar Crimes. There is a Central American Mutual Legal Assistance Agreement between all
Central American countries and Panama. The Protocol against the Illicit Trafficking of Migrants by Land, Sea, and Air was approved by the Legislative Assembly on November 17. The Protocol to Prevent, Suppress, and Sanction Trafficking in Persons, Especially Women and Children, was approved by the Legislative Assembly on November 18. The Protocol Against the Manufacture and Illicit Trafficking of Firearms, their Parts, Components, and Munitions was approved by the Legislative Assembly on October 23.

Cultivation/Production. Climate and soil conditions do not favor the cultivation of coca plants.
Small quantities of cannabis are produced in the mountainous regions along the border with
Guatemala and Honduras. However, the cannabis is of poor quality and is consumed
domestically. There were no gains or setbacks in controlling cannabis cultivation and production because the small quantity and poor quality of the crop does not justify the expenditure of a systematic campaign against it.

There is no local methodology for determining cannabis crop size and yields. Cannabis is
detected thanks to tips, routine foot patrols, and air surveillance.

Drug Flow/Transit. Cocaine from Colombia typically transits El Salvador via the Pan-American
Highway and via maritime routes off the country's Pacific coast. Heroin from Colombia usually
goes through Panama, then via courier on a commercial passenger flight to El Salvador to
another commercial flight to Honduras and then by bus to Guatemala. The Pan-American and
Littoral Highways are the land routes preferred by traffickers. As in the rest of Central America, there has been a notable increase in the amount of heroin transiting both the international airport and land ports of entry. Both heroin and cocaine also transit by sea off the Salvadoran coast as well as through Salvadoran airspace.

Domestic Programs (Demand Reduction). In counternarcotics education efforts, the Anti-Drug
Foundation of El Salvador (FUNDASALVA), with funds provided by the Madrid City Council, has
worked with students, parents, and public schools to teach drug prevention. Together with the
Ministry of Education, FUNDASALVA has also worked on a prevention program in high-risk
zones that benefited 6,250 students. FUNDASALVA, public and private institutions, and the
private sector have also been developing programs for a drug-free workplace. In addition,
FUNDASALVA provides information about the effects of drugs to specific populations, especially students. The PNC draws on the U.S. Drug Abuse Resistance Education (DARE) program for its counternarcotics presentations at schools. The Ministry of Education uses the U.S. Military Information Support Training (MIST) program to inform elementary school children of the dangers of drugs.

FUNDASALVA also runs a comprehensive drug treatment and rehabilitation program. The
Psychiatric Hospital also runs a program sponsored by the Public Health and Social Assistance
Ministry that focuses on rehabilitation and the training of facilitators among the recovered addicts.

Other less comprehensive rehabilitation programs exist, usually faith-based and run by exaddicts.

The exact magnitude of the country's drug abuse problem is unknown, but a comprehensive
study of the problem funded by the USG is being organized by FUNDASALVA. Relative to the
presumed size of the at-risk and addicted populations, demand reduction programs are
inadequate.

IV. U.S. Policy Initiatives and Programs

Policy Initiatives. The United States aims to assist in the professional development of the
GOES' law enforcement agencies, increase their ability to combat money laundering and public corruption, and ensure a transparent criminal justice system.

Bilateral Cooperation. The United States provided funding for operational support for Grupo
Cuscatlan and the high-profile crimes unit (GEAN) within the DAN, a mobile ion-scan machine
and essential equipment for border police. In addition, USG funds were used to provide a laser tattoo-removal machine (to reduce drug consumption and crime), a comprehensive national study of drug use, an antitrafficking-in-persons public awareness campaign, and for drug treatment and rehabilitation in prisons. The USG also funded training and travel related to airport security, money laundering, maritime boarding operations, and antigang measures. DEA officers work closely with the DAN on