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WHEREAS:
1. Our continent is suffering severely from a rising trend in
illicit production and consumption of, demand for and traffic in
narcotic and psychotropic drugs and substances, which pose a
serious threat to the health and welfare of individuals and
adversely affect the economic, cultural and political foundations
of society, constituting a matter of particular concern to the
Supreme Government;
2. There is evidence in Chile of increasing consumption of the
aforesaid substances among The various social groups, particularly
young persons, and it is repeatedly found that criminal acts are
committed under the effects of such drugs or for the purpose of
obtaining them;
3. Successful prevention and control of the abuse and illicit
production of and traffic in these substances call for the
determined will of the State and the collaboration of the entire
community in coordinated action at national level and within the
framework of international cooperation;
4. It is necessary to carry out studies in order to adapt
Chilean legislation to the United Nations Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
1988, signed by the Government of Chile on 20 December 1988,
ratified on 13 March 1990 and promulgated by a Supreme Decree
published on 20 August 1990. Such adaptation should De focused in
particular on aspects dealing with the laundering of proceeds
derived from crimes of illicit trafficking in narcotic drugs and
psychotropic substances, on measures to monitor chemical substances
used in the unlawful manufacture of narcotic drugs, and on
equipping the judicial authorities and the institutions responsible
for public order and security with the legal means to increase
their effectiveness in prosecuting and appropriately punishing all
persons involved in organized criminal activities and to allow the
seizure and confiscation of property connected with such
offences;
5. The Commission which was created by Decree No. 871 of 1982 of
the Ministry of the Interior is not an appropriate instrument for
the action required by the current situation;
6. It is necessary to set up an interministerial governing body
to advise the President of the Republic on these matters, with a
view to achieving the coordinated action of all bodies responsible
for prevention and control of the abuse of and illicit traffic in
narcotic drugs and other offences defined in article 3 of the
aforementioned United Nations Convention of 1988, as well as on all
aspects dealing with the treatment, rehabilitation and social
reintegration of drug addicts and victims of drug dependence;
HAVING REGARD TO:
The provisions set out in articles 19.1, 19.9 and 32.8 of the
Political Constitution of the Republic;
I HEREBY DECREE THE FOLLOWING:
An Interministerial Committee, to be known as the "Consejo
Nacional para el Control de Estupefacientes" ("National Narcotics
Control Board"), is hereby created with the aim of advising the
President of the Republic on all matters relating to the prevention
and control of abuse and illicit production of and traffic in
narcotic or psychotropic drugs or substances and any other
activities connected with such offences, as well as on aspects
dealing with the treatment, rehabilitation and social reintegration
of persons suffering from drug addiction.
In the pursuit of its aim, the Board shall, within a period of
six months following publication of this Decree, submit to the
President of the Republic its proposals for a national policy on
the matters referred to in the foregoing article, which policy
shall contain specific plans and programmes of action to be
implemented through the ministry or government departments
concerned. The President of the Republic may extend the aforesaid
period by a further six months at the justifiable request of the
Board.
The Committee shall, in addition, coordinate the involvement,
activities and duties of all State institutions, bodies and
services, including those of the decentralized administration,
municipal authorities and any private organizations in which the
State has a holding or interest, irrespective of their legal
status, in connection with the matters referred to in article
one.
The Board shall also have the following duties:
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Proposing measures for the embodiment of the national policy to
be approved by the President of the Republic, and advising the
Executive on monitoring the application thereof;
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Promoting the study, research and compilation of data on matters
within its sphere of competence, and proposing such statutory or
regulatory amendments as it deems appropriate for the due
implementation of the aforesaid national policy;
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Instructing the institutions, bodies and services referred to in
article three to authorize specialist personnel from their
departments to undertake duty assignments at the executive
secretariat or specific tasks as required of them by the Board;
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Requesting technical advice and information from public and
private organizations, which shall be obliged to provide such
advice and information, unless otherwise laid down by law;
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Liaising with the various international organizations
responsible for matters within the Board's sphere of competence,
for the purpose of establishing effective, mutual collaboration and
exchange of information and the appropriate representation of Chile
in such organizations, without prejudice to the powers of the
Ministry of Foreign Affairs or to any powers conferred upon other
State bodies in the matter;
Any other duties required of the Board by the President of the
Republic, in accordance with his constitutional and statutory
powers.
The Board shall be headed by the Minister of the Interior and
shall comprise the Minister of Foreign Affairs, Minister of
National Defence, Minister of Finance, Minister of Justice,
Minister of Public Education, Secretary-General of State, Minister
of Health, a representative of the Army, Navy, Air Force and
Carabineros de Chile, the Director of the Criminal Investigation
Department of Chile, the Under-Secretary of the Interior (who shall
also act as the Board's Executive Secretary), and two members
freely appointed by the President of the Republic, one of whom
shall be the Board's Legal Adviser.
The executive secretariat shall be a permanent organ and have
its administrative seat at the office of the Under-Secretary of the
Interior. It shall be responsible for advising the Board on
technical matters, for organizing working teams and, subject to
budgetary resources and to current statutory and administrative
regulations, for recruiting such professional staff as it deems
necessary, who shall be remunerated as officials in the employ of
the Ministry of the Interior. The Ministry of the Interior shall
provide the executive secretariat with technical and administrative
support.
The executive secretariat shall also have the following
duties:
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Executing the Board's decisions and ensuring compliance
therewith;
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Taking the necessary action to implement the national policy
referred to in article two;
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Preparing such plans, studies and procedures of coordination as
are required of it by the Board;
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Planning, organizing and coordinating the administrative
operation of the Board;
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Drafting records of meetings and keeping an appropriate register
of its documentation; and
Any other duties required of it by the Board within its
powers.
The executive secretariat shall submit its proposed Rules of
Procedure to the Board.
The executive secretariat shall directly instruct the services
and institutions referred to in article three to execute and comply
with the Board's decisions. However, in the case of the armed
forces and the security and police forces, such instructions shall
be imparted through the relevant ministry.
The Board may instruct any of the State institutions, bodies or
services specified in article three to provide such technical or
professional advice, information and collaboration as it deems
necessary for the performance of its duties, and issue them with
directions for the execution of the national policy approved by the
President of the Republic. The individual chiefs of service
concerned shall be responsible for due and proper compliance
therewith, without prejudice to the duties, tasks and obligations
devolving upon the aforesaid entities by law or statute.
The Board may, in addition, seek technical advice, information
and collaboration from private Chilean organizations and from
public or private foreign or international organizations whose aims
and activities are connected with prevention and control as
referred to in article one, and shall coordinate any action taken
by the aforementioned private Chilean organizations within the
framework of the national policy to be approved.
The Legal Adviser shall deputize for the Executive Secretary in
the event of the latter's absence or incapacity, and shall perform
any other specific duties assigned to him by the Board or by the
Executive Secretary.
Decree No. 871 of 13 July 1982 of the Ministry of the Interior
is hereby repealed.
TO BE RECORDED, REGISTERED, COMMUNICATED AND PUBLISHED.
( Signed) PATRICIO AYLWIN AZOCAR,
President of the Republic
( Signed) ENRIQUE KRAUSS RUSQUE,
Minister of the Interior
( Signed) BELISARIO VELASCO BARAONA
Under-Secretary of the Interior
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