U.S. - Mexico Binational Commission Working Group on Law Enforcement and Counter-Narcotics Matters

Released by the Bureau of Western Hemisphere Affairs
Washington, DC
November 12, 2003

Background

The Law Enforcement and Counter-narcotics Working Group has been meeting since the inception of the BNC. The Group, chaired by the Attorneys General, includes senior representatives of all major law enforcement entities in Mexico and the United States who meet each year in the BNC setting to discuss and resolve policy issues and to promote continued and improved bilateral cooperation in fighting crime and ensuring the security of the citizens, communities, and institutions of both countries. 

Without question, this bilateral cooperation has taken on increased importance in light of each countries' persistent fight against terrorism financed through narco-trafficking and other illegal means. The BNC Group also receives the report and monitors the ongoing practical efforts of the Senior Law Enforcement Plenary (SLEP) which serves as the primary coordinating mechanism for our bilateral law enforcement cooperation. At the annual SLEP meeting held in Mexico City on October 29, 2003, the SLEP's nine sub-working groups showed greater progress in their bilateral efforts and higher levels of mutual confidence than ever before. The level of cooperation demonstrated sets a high standard in the future for effective and cooperative law enforcement efforts. Highlights of the nine sub-working groups' progress are reviewed below.

Accomplishments

• Drug Trafficking and Related Issues: The Mexican and U.S. authorities have increased their cooperation and coordination in attacking the major trafficking groups, with shared law enforcement intelligence leading to the arrests of the leadership of most of these groups. The long-term investigation and simultaneous arrests on both sides of the border in "Operation Trifecta" of the Zambada-Garcia trafficking organization leadership and its distribution cells are convincing examples of our bilateral law enforcement cooperation in even the most sensitive cases. Our two countries' cooperation in law enforcement cued interdiction, particularly maritime interdiction, has led to larger seizure levels than in previous years.

• Chemical Control: The U.S. authorities (DEA) now are directly communicating real-time actionable law enforcement information regarding the international movement of illicitly diverted essential and precursor chemicals (such as pseudoephedrine used in the manufacture of methamphetamine) directly to the AFI and/or PGR to better enable interception of these loads. Information that is not time-sensitive, along with the intelligence gleaned in law enforcement operations will be communicated to CENAPI for further analysis and dissemination, as appropriate.

• Fugitive and Other Legal Issues: Cooperation on the extradition of fugitives is unprecedented. The numbers of fugitives extradited to the United States by Mexico has increased this year along with an equally important decrease in the number of extraditions denied since the landmark 2001 Mexican Supreme Court decision barring extradition when there was a potential that a life sentence might be imposed upon conviction. The mitigation of the adverse impact of the life sentences decision is attributable, at least in part, to efforts in both countries to educate essential parties of the Supreme Court decision and its consequences. The number of extraditions from the U.S. will likely remain basically unchanged from that of prior years, however, the U.S. commits to strengthen its efforts to return fugitives to Mexico in larger numbers. When the numbers of criminal fugitives returned by deportation or expulsion for violation of the local immigration laws are added to the extradition figures, the combined totals of fugitives returned is truly impressive. In-depth consultation toward better bilateral functioning of the Mutual Legal Assistance Treaty process are to be undertaken. Similar consultations in the area of asset forfeiture assistance are continuing.

• Money Laundering: Bilateral cooperation has increased due to the Operational Bilateral Group PGR-DOJ, which will undertake coordinated operations. This cooperation includes the fight against the trans-border smuggling of illicit currency, in and out. The exchange of technical knowledge in the area of money laundering between the law enforcement of both countries has been strengthened, and the U.S. Government has made available training to Prosecutors and Investigative Agents responsible for anti-money laundering efforts in Mexico.

• Criminal Organizations Trafficking in Persons: The sub-working group targeting the major organizations trafficking in persons has made enormous strides in cooperation, with the identification of six of the major human trafficking organizations, and the investigation, and dismantling of five of them. Bilateral cooperation includes the exchange of information and coordination between personnel to ensure a seamless enforcement effort against these criminal groups.

• Arms Trafficking: The bilateral group continues to expand and progress in their work together. Firearms tracings and database searches are producing higher and higher rates of meaningful matches. The extensive list of ATF provided training seminars will be extended in coming months to prosecutors, particularly those along the northern border of Mexico.

• Prisoner Transfer: The prisoner transfer group continues its diligent work to return, upon individual application and request, as many of the other country's prisoners held in local penal institutions to finish out their terms of imprisonment in their home country. The prisoner transfer program has a decidedly humanitarian aspect, namely, that if prisoners are ever to be reintegrated into society and not fall into recidivism, they need to have an opportunity to spend their final years of imprisonment closer to home, family, and loved ones. The Mexican authorities have undertaken a study to try to identify which of their prisons might accept more transfers, but the number of places is greatly reduced because of present prison overcrowding.

• Cyber and Intellectual Property Crimes: With the bifurcation of this group into its two sub-parts has come an impressive year of progress. On the Intellectual Property side, they have forged even stronger productive relationships through consultations with industry. Training has been and is being provided by the U.S. to their Mexican counterparts at the PGR. In addition, training through telephone conferencing has been made available to members of the Mexican judiciary with more scheduled for the coming months. On the cybercrime side, the Mexicans have now joined the international "24 x 7" group for around-the-clock coverage in times of infrastructure attack or other exigencies. The two parts of the sub-group have an energetic agenda for the coming year.

• Training and Technical Assistance: The extensive and expansive array of training and technical assistance provided by the U.S. to their Mexican partners is coordinated through the U.S. Embassy-Narcotics Affairs Section according to a bilateral Master Training Plan. Technical assistance includes the area of capacity building, with a focus upon institutionalizing these efforts within the Mexican governmental authorities. The PGR planning division is undertaking an effort to define the required performance profile for each law enforcement area and with this profile then to determine what is needed to reach the optimum performance capacity. The use of a master strategy and analyses of what is needed to reach optimum performance has led to bilateral agreement on planning for future assistance.

Future Plan of Action Projection

The Law Enforcement and Counter-Narcotics Working Group will continue to rely on the efforts of the Senior Law Enforcement Plenary and its sub-working groups to identify matters and issues warranting policy level attention at the BNC and to pursue operational and practical initiatives aimed at enhancing effective and cooperative law enforcement efforts.