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Fundamental research, monitoring, forecasting and asse88ment of environ

mental changes Study of changes in climate, landscapes and ecological balances under the impact of both natural factors and human activities; forecasting of possible genetic changes in flora and fauna as a result of environmental pollution; harmonization of statistical data, development of scientific concepts and systems of monitoring networks, standardized methods of observation, measurement and assessment of changes in the biosphere; assessment of the effects of environmental pollution levels and degradation of the environment upon human health; study and development of criteria and standards for various environmental pollutants and regulation regarding production and use of various products;

Legal and administrative measures

Legal and administrative measures for the protection of the environment including procedures for establishing environmental impact assessments. Forms and methods of cooperation

The participating states declare that problems relating to the protection and improvement of the environment will be solved on both a bilateral and a multilateral, including regional and subregional, basis, making full use of existing patterns and forms of cooperation. They will develop cooperation in the field of the environment in particular by taking into consideration the Stockholm Declaration on the Human Environment, relevant resolutions of the United Nations General Assembly and the United Nations Economic Commission for Europe Prague symposium on environmental problems.

The participating states are resolved that cooperation in the field of the environment will be implemented in particular through:

-exchanges of scientific and technical information, documentation and research results, including information on the means of determining the possible effects on the environment of technical and economic activities; -organization of conferences, symposia and meetings of experts; exchanges of scientists, specialists and trainees; -joint preparation and implementation of programs and projects for the study and solution of various problems of environmental protection; -harmonization, where appropriate and necessary, of environmental protection standards and norms, in particular with the object of avoiding possible difficulties in trade which may arise from efforts to resolve ecological problems of production processes and which relate to the achievement of certain environmental qualities in manufactured products; -consultations on various aspects of environmental protection, as agreed upon among countries concerned, especially in connection with problems which could have international consequences. The participating states will further develop such cooperation by: -promoting the progressive development, codification and implementation of international law as one means of preserving and enhancing the human environment, including principles and practices, as accepted by them, relating to pollution and other environmental damage caused by activities within the jurisdiction or control of their states affecting other countries and regions; -supporting and promoting the implementation of relevant international conventions to which they are parties, in particular those designed to prevent and combat marine and fresh water pollution, recommending states to ratify conventions which have already been signed, as well as considering possibilities of accepting other appropriate conventions to which they are not parties at present; -advocating the inclusion, where appropriate and possible, of the various areas of cooperation into the programs of work of the United Nations Economic Commission for Europe, supporting such cooperation within the framework of the Commission and of the United Nations Environment Program, and taking into account the work of other competent international organizations of which they are members; -making wider use, in all types of cooperation, of information already available from national and international sources, including internationally agreed criteria, and utilizing the possibilities and capabilities of various competent international organizations. The participating states agree on the following recommendations on specific


-to develop through international cooperation an extensive program for the monitoring and evaluation of the long range transport of air pollutants, starting with sulphur dioxide and with possible extension to other pollutants, and to this end to take into account basic elements of a cooperation program which were identified by the experts who met in Oslo in December 1974 at the invitation of the Norwegian Institute of Air Research; -to advocate that within the framework of the United Nations Economic Commission for Europe a study be carried out of procedures and relevant experience relating to the activities of governments in developing the capabilities of their countries to predict adequately environmental consequences of economic activities and technological development.

For the full text of the Final Act of the CSCE, see Dept. of State Bulletin, Vol. LXXIII, No. 1888, Sept. 1, 1975, pp. 323–350. For reference to other provisions of the Final Act, see index entries, this Digest, under Conference on Security and Cooperation in Europe (CSCE) (1975).

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On October 28, 1975, the United States and the Arab Republic of Egypt signed an agreement on health cooperation, with provisional effect from that date. It provides for the exchange of information, sharing of technical experts and consultants, conduct of conferences and training courses, and other long term cooperative efforts in health research projects. Among the specific areas of cooperation defined are collaborative biomedical research activities; health manpower and curriculum development; consultation in environmental health planning with emphasis on pollution control and vector-borne disease control; health services planning and research with emphasis on emergency medical services, rural health services, maternal and child health, cancer, and rehabilitation of the handicapped; and consultation in support of improved biomedical communications and of the establishment of an Egyptian national medical library system.

Dept. of State File L/T.

Drug Control

United Nations Resolutions

The United States cosponsored four resolutions on drug abuse control which were adopted by the U.N. General Assembly on December 9, 1975. They were Resolution 3443 (XXX) urging adherence to the 1971 Convention on Psychotropic Drugs (S. Ex. G, 92d Cong., 1st Sess., June 29, 1971); Resolution 3444 (XXX) inviting support for the International Narcotics Control Board in carrying out its responsibilities under the 1972 Protocol Amending the

Single Convention on Narcotic Drugs (TIAS 8118; 26 UST 1439; entered into force for the United States August 8, 1975); Resolution 3445 (XXX) recommending adequate priority by U.N. bodies for narcotics control; and Resolution 3446 (XXX) appealing for contributions to the U.N. Fund for Drug Abuse Control.

Operating Guidelines

On December 11, 1975, the U.S. Customs Service and the Drug Enforcement Administration (DEA) signed a memorandum of understanding on operating guidelines for cooperating in combatting the illegal importation of and trafficking in illicit drugs. The memorandum was sent to all field offices of both agencies with directions to develop working relationships within the guidelines.

The memorandum of understanding sets forth the following specific points: 1) Operational Roles of Customs and DEA

- Customs is the agency with primary responsibility for interdiction of all contraband, including all drugs at the land, sea, and air borders of the United States.

-DEA is the agency with primary responsibility for investigation and intelligence gathering related to drug smuggling and trafficking.

-The Drug Enforcement Administration will notify the U.S. Customs Service of information from its narcotic investigations which indicates that a smuggling attempt is anticipated at or between an established port-of-entry as soon as possible after the information is received. Such information may result in a cooperative joint interdiction effort but shall in no case result in uncoordinated unilateral action.

-Within the limitations of its resources, Customs will cooperate when requested to support DEA operations and ongoing investigations, including interception of aircraft suspected of drug smuggling and convoys.

-For purposes of this agreement an ongoing investigation includes only those cases in which information indicates a seizure and/or arrest should not occur at the initial point of contact in the United States, but should continue as a convoy to the final delivery point. The mere fact that a suspect or vehicle is known to DEA does not constitute an ongoing investigation. 2) Law Enforcement Coordination -Whenever Customs has information on any person, aircraft, vessel, etc., that is involved in or suspected of being involved in drug smuggling or trafficking, DEA will be the first agency contacted by Customs. DEA will then have primary responsibility for the coordination of all investigative efforts.

-Whenever DEA has information on any person, aircraft, vessel, etc., that is involved in or suspected of being involved in the smuggling of contraband, Customs will be the first agency contacted by DEA. Customs will then have primary responsibility for interdiction if a seizure or arrest is to occur at the initial point of contact in the United States except in those cases under the control of DEA. 3) Placing of Transponders on Aircraft and Transponder Alerts

- Transponders will not be utilized by Customs in drug-related activity without prior advice to DEA of the aircraft's identity and suspects involved. If DEA has an ongoing investigation, DEA will make the tactical decision as to the course of action to be taken.

-Both agencies will expeditiously advise each other of all transponders placed on aircraft, and immediately upon receiving signals therefrom.

-Customs will normally respond to all specially coded transponder alerts crossing the border. DEA will be given immediate notification whenever Customs responds to a drug-related transponder alert.

4) Combined Seizures of Narcotics and Other General Contraband

- Where both narcotics and general contraband are seized in the same case, the Customs Office of Investigations is to be notified and they will coordinate with DEA on a joint investigation.

-Investigative efforts will be dependent upon the magnitude of the violation and/or the value of the general merchandise seized. 5) Violations to be Reported to the U.S. Attorney

-DEA case reports will include any customs reports related to the drug violation. Customs will furnish their reports to DEA in an expeditious manner. DEA will present the violations to the concerned prosecutor for determination of charges. 6) International and Domestic Drug Intelligence Gathering, Coordination

-DEA is the agency with primary responsibility for gathering intelligence on drug smuggling and trafficking, including air trafficking.

- Customs has primary responsibility for intelligence gathering of smug: gling activities and also a supportive role to DEA in drug smuggling and trafficking. Nothing in this agreement precludes Customs from gathering information from the air and marine community related to the smuggling of contraband. Customs will continue to maintain liaison and gather information from foreign Customs services on all smuggling activities.

-Customs will expeditiously furnish all drug-related information to DEA. DEA will expeditiously furnish drug smuggling intelligence to Customs. Unless immediate action is required, such drug smuggling intelligence collected will not be subjected to enforcement action prior to coordination between Customs and DEA.

-DEA and Customs will refrain from offering or lending support to any derogatory remarks regarding the other agency. When dealing with other law enforcement agencies, Federal, State and local officials should not be misled as to DEA and Customs respective responsibilities.

-Neither Customs nor DEA will discourage potential sources of information from working for the other agency. The promising of rewards to informants for intelligence shall not be competitively used to increase the price of information and knowingly encourage the source of information to "agency shop."

- Under no circumstances will Customs officers employ a participating informant for drug-related matters unless prior agreement and concurrence is obtained from DEA. Both agencies recognize that the identity of an informant may have to be revealed in court and that the informant may have to testify.

-In those drug smuggling cases involving a DEA confidential source, Customs will be promptly notified of the role of the informants so that the safety of the cooperating individual is not jeopardized. Customs officers will not attempt to debrief DEA informants.

-None of the foregoing is intended to limit total resource utilization of DEA and Customs law enforcement capabilities, but rather to insure coordination, elimination of duplication of effort, and prevention of counterproductive or potentially dangerous enforcement activities.

-At the field level, Customs and DEA offices will identify specific persons or organizational units for the purpose of information referral and to coordinate enforcement matters. 7) Procedures to be Followed When DEA has Information that an Aircraft,

Vehicle, Vessel, Person, etc., will Transit the Border Carrying Narcotics -For criminal case development purposes, DEA may request that such persons or conveyances be permitted to enter the United States without enforcement intervention at that time. These requests will be made by DEA supervisory agents at the ARD level or above to district directors or their designated representative. Such requests will be rare and made only when DEA intends to exploit investigations of major traffickers.

- Customs officers will participate in the enforcement actions until the initial seizure and arrest. The number of Customs personnel and equipment needed will be decided by the Customs supervisor with input from the DEA Case Agent, subject to the limitations of available Customs resources, not to exceed the number recommended by the DEA Case Agent.

-On drug-related joint enforcement actions, no press releases will be made by Customs or DEA without the concurrence of each other.

8) Drug Seizure Procedures

-Customs responsibility for interdiction of contraband, including illegal drugs, remains unchanged. Using every enforcement aid and technique available to them, Customs officers will continue to search for illicit drugs. Each time any drugs are discovered, they will be seized and the nearest DĚA office will be immediately notified unless otherwise locally agreed upon. Questioning of arrested violators will be limited to obtaining personal history and seizure information for Customs forms. Further questioning is the responsibility of DEA. Chain of custody forms or receipts are required for transfers of all seized items.

-Customs will take every step possible to preserve all evidentiary material and not remove suspected drugs from original containers when such action compromises evidentiary and investigative potential.

-In those instances where DEA will not accept custody of detained persons or seizure of drugs due to U.S. Attorney prosecutive policy, DEA will notify local enforcement authorities for prosecutive consideration. Otherwise, DE, will request Customs to notify these authorities. When local enforcement authority declines, Customs will proceed to assess administrative and civil penalties, as appropriate. Otherwise, administrative and civil penalties should be held in abeyance until local prosecution is completed. 9) Convoy Operations After Customs Seizures

-In those instances where DEA decides to convoy the contraband seized by Customs to the ultimate consignee, Customs personnel will fully cooperate, and will withhold publicity. All seized vehicles or conveyances will be included in a chain of custody receipt.

-The weighing of the contraband may be waived when the method of concealment makes it impractical. At the termination of the convoy, an accurate weight will be supplied by DEA to the originating district director, and the chain of custody will be annotated with the correct weight. Customs officers will not normally participate in this type of convoy operation.

-At the termination of this type convoy operation, involved vehicle or conveyance shall be released to the custody of the nearest district director of Customs. 10) Disposition of Vehicles, Vessels, Aircraft and Seizures in Joint Enforce

-All vehicles, vessels, and aircraft involved in joint smuggling cases will be seized and forfeited by Customs. Final disposition of the conveyance will be determined by a joint Headquarters review board comprised of Customs and DEA personnel. Guidelines governing disposition will be developed.

-Upon prior DEA request in writing, Customs will not administratively dispose of seized aircraft or other conveyances until it is no longer required for evidence by the courts or termination of DEA investigation.


11) Referral to Other Agencies (Chain of Custody and Laboratory Sampling)

-Customs will continue, in the case of seized heroin and cocaine, weighing two ounces or more, to take samples not to exceed 7 grams. However, the Customs laboratory will not perform the quantitative and qualitative analysis until completion of the prosecutive action, except for special contingencies.

12) DEA Access to Customs Personnel and Controlled Areas

-Designated Customs areas are not normally accessible to others. Access to Customs controlled areas and Customs personnel on an as needed basis will be obtained from the officer-in-charge of the Customs facility in each instance. Customs will honor such requests, provided that DEA personnel in no way interfere in examination and inspection processes. 13) Procedures When Discovery of Drugs is Made Before Actual Violators Have

Been Identified and Goods or Conveyances are Still in Customs Custody -When Customs officers discover the presence of concealed drugs in imported goods, and the goods or conveyances are still under Customs custody or control, and they have not been claimed by a consignee or reached their ultimate destination, Customs shall maintain control of the drugs, but DEA will be notified immediately. Customs officers will cooperate with DEA and be guided by DEA's tactical decisions regarding investigative development, arrest and seizure.

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