| SUPREME DECREE No. 22373
REGULATIONS IN APPLICATION OF TITLE VI OF LAW No. 1008 ON THE
REGIME APPLICABLE TO COCA AND CONTROLLED SUBSTANCES, 21 November
1989
The National Council against the Abuse of and Illicit Traffic in
Drugs, CONALID, is the supreme national body for the control of
drug abuse and illicit traffic, as provided in article 132, title
VI, of Law No. 1008 on the Regime Applicable to Coca and Controlled
Substances.
The purpose of the National Council against the Abuse of and
Illicit Traffic in Drugs is to define and regulate national policy
for: planning, organization, supervision, control and coordination
of plans, programmes and projects for alternative development and
replacement of coca cultivation; control, surveillance and
interdiction of illicit drug traffic; prevention, treatment,
rehabilitation and social reintegration.
The National Council against the Abuse of and Illicit Traffic in
Drugs shall consist of the Minister for Foreign Affairs and Worship
and the Ministers of the Interior, Migration, Justice and Social
Defence, Planning and Coordination, Rural and Agricultural Affairs,
Social Welfare and Public Health, Education and Culture, National
Defence, Finance and Aviation, as provided in article 133 of the
Law on the Regime Applicable to Coca and Controlled Substances.
The National Council may invite other ministers of State to
participate if it considers this necessary.
The National Council against the Abuse of and Illicit Traffic in
Drugs shall be presided over by the Minister for Foreign Affairs
and Worship or alternatively by the Minister of the Interior,
Migration, Justice and Social Defence in the event of absence or
other cause.
The Permanent Executive Coordinating Council shall be
established as the coordinating operational organ of the National
Council against the Abuse of and Illicit Traffic in Drugs, and
shall consist of the Ministers of the Interior, Migration, Justice
and Social Defence, Rural and Agricultural Affairs and Social
Welfare and Public Health; it shall be presided over by the
Minister for Foreign Affairs and Worship or, in the event of
absence or other cause, by the Minister of the Interior, Migration,
Justice and Social Defence.
The National Executive Directorate shall be established as an
organ of the Permanent Executive Coordinating Council for the
operational execution and coordination of plans, programmes and
projects for alternative development, replacement of coca
cultivation, prevention of drug abuse and control, surveillance and
interdiction of illicit traffic in controlled substances.
The functions of the National Council against the Abuse of and
Illicit Traffic in Drugs are as follows:
-
To comply and ensure compliance with the Law on the Regime
Applicable to Coca and Controlled Substances;
-
To formulate government policy in relation to controlled
drugs;
-
To coordinate and evaluate the execution and implementation of
plans and projects on the subject, developed by operational
areas;
-
To establish public investment policies in the area, for
incorporation in the national budget;
-
To regulate and supervise the application of the national policy
for the control of drug abuse and illicit traffic.
The President of the National Council against the Abuse of and
Illicit Traffic in Drugs is responsible for:
-
Directing, coordinating and supervising the activities of
CONALID;
-
Representing the National Council in such functions as are
required;
-
Approving the agenda of meetings;
-
Convening and presiding over meetings, and ensuring that their
decisions are implemented;
-
Signing decisions and resolutions of the National Council;
-
Coordinating and directing the preparation of the annual report
on its activities.
The members of the National Council shall:
-
Participate and vote in plenary meetings;
-
Propose or request clarifications useful for a better
understanding of the matters under consideration;
-
Undertake other activities assigned to them by the President of
the Council;
-
Participate in special commissions.
The Permanent Executive Coordinating Council is responsible for
coordinating the operational implementation of national policy in
the following areas:
-
Alternative development and replacement of coca cultivation;
-
Control, surveillance and interdiction of illicit drug
trafficking;
-
Prevention, treatment, rehabilitation and social
reintegration.
The function of the Permanent Executive Coordinating Council is
to regulate the application of national policy for controlling drug
abuse and illicit drug trafficking.
The Permanent Executive Coordinating Council may delegate its
operational and administrative functions to the National Executive
Director for the execution of plans, programmes and projects in
coordination with the under-secretariats in each area, as provided
in article 51 of the Law on the Administrative Organization of the
Executive Power, which entered into force by Decree 10460 of 12
September 1972.
The National Executive Directorate is responsible for supporting
and coordinating technical and administrative activities required
for the functioning of the Permanent Executive Coordinating Council
and for carrying out the following functions:
-
Planning, supervising and coordinating activities in the
operational areas of the following organs:
Under-Secretariat for Social Defence;
Under-Secretariat for Alternative Development and Replacement of
Coca Cultivation;
Under-Secretariat for Prevention, Treatment, Rehabilitation and
Social Reintegration;
-
Coordinating, in the framework of national policy on the
subject, the formulation and supervision of plans, programmes and
projects in the areas of: control and supervision of coca
production; suppression and interdiction of illicit drug
trafficking, alternative development and replacement of coca
cultivation; prevention, treatment, rehabilitation and social
reintegration;
-
Analysing and proposing alternative options in international
agreements and contracts on the subject with national entities, in
collaboration with the Permanent Executive Coordinating
Council;
-
Preparing the general budget of the National Executive
Directorate, for its subsequent inclusion in the general budget of
the nation;
-
Creating offices or agencies required in order better to achieve
the basic objectives of the National Executive Directorate;
-
Managing and administering bilateral and multilateral
international cooperation, under the guidelines established by the
Permanent Council and CONALID;
-
Organizing an information and communications network in support
of the normative and surveillance organs and central and local
executive and operational organs.
The functions of the National Executive Directorate are the
following:
-
To draw up periodic reports to the Permanent Executive
Coordinating Council on tasks carried out in the performance of its
functions;
-
To represent the country in international events and
vis-à-vis agencies specializing in the subject;
-
To manage donations from and cooperation extended by national
and international persons, entities or organizations for the
benefit of the National Council;
-
To manage external technical and financial cooperation from
international drug control agencies, complying with the respective
legal formalities;
-
To evaluate and follow up the progress of execution of plans,
programmes and projects in the operational areas and those of
public, private and mixed institutions;
-
To control and supervise the marketing and circulation of
substances listed in schedule V of Law No. 1008.
The National Fund for Alternative Development, established by
article 23 of the Law on the Regime Applicable to Coca and
Controlled Substances, is a subordinate agency of the National
Executive Directorate.
The National Fund for Alternative Development has the purpose of
promoting social and economic development through the financing of
plans, programmes and projects for public investment, in the
framework of the Integrated Plan for Alternative Development and
Replacement of Coca Cultivation (PIDYS) and the financing of
programmes and projects in the areas of surveillance, control and
interdiction, prevention, treatment, rehabilitation and social
reintegration.
Its operational policies, its functional organic structure and
its functions and attributions and economic and financial regime
shall be governed by special regulations.
The Under-Secretariat for Alternative Development and
Replacement of Coca Cultivation is technically and functionally an
agency of the National Executive Directorate. Politically and
administratively, it is an independently managed agency of the
Ministry of Rural and Agricultural Affairs.
Its attributions are:
-
Planning and programming the application of national policy for
alternative development and replacement of coca cultivation;
-
Programming the voluntary reduction of coca cultivation;
-
Planning the administration of chapter III of the Law on the
Regime Applicable to Coca and its implementing regulations, both at
central and local level;
-
Organizing and starting up the National Commission for
Alternative Development (CONADAL) and local and regional committees
for alternative development, as provided in Supreme Decree 22270 of
26 July 1989, regulating the Integrated Plan for Alternative
Development and Replacement of Coca Cultivation.
Other attributions are to coordinate, analyse and evaluate
plans, programmes and projects in its area of competence with the
National Executive Director.
Its operational policies and its functional organic structure
shall be governed by internal rules.
The Under-Secretariat for Social Defence is technically and
functionally an agency of the National Executive Directorate.
Politically and administratively, it is an independently managed
agency of the Ministry of the Interior, Migration, Justice and
Social Defence.
Its attributions are:
-
Planning and programming the application of national policy for
the control, surveillance and interdiction of illicit drug
trafficking;
-
Carrying out judicial police duties in controlled substance
cases, through the Special Force to Combat Drug Traffic (article 93
of Law No. 1008);
-
Controlling and supervising the marketing and circulation of
coca leaf;
-
Controlling and supervising the marketing and circulation of the
substances listed in schedule V of Law No. 1008.
It shall coordinate, analyse and evaluate plans, programmes and
projects in its area of competence with the National Executive
Director.
The Special Force to Combat Drug Traffic is an agency of this
Under-Secretariat, in accordance with article 135 of Law No.
1008.
The National Directorate for the Control and Supervision of
Coca, responsible for legal coca, is incorporated in the organic
structure of this Under-Secretariat.
The operational policies and functional organic structure of the
Under-Secretariat shall be subject to internal regulation.
The Under-Secretariat for Prevention, Treatment, Rehabilitation
and Social Reintegration is technically and functionally an agency
of the National Executive Directorate. Politically and
administratively, it is an independently managed agency of the
National Council against the Abuse of and Illicit Traffic in
Drugs.
Its attributions are:
-
Applying plans and programmes for comprehensive prevention of
drug abuse;
-
Applying plans and programmes for treatment, rehabilitation and
social reintegration of children, prisoners and users dependent on
drugs, in cooperation with the competent institutions;
-
Designing a national programme for prevention of drug abuse;
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Administering and directing State institutions for prevention,
treatment and rehabilitation;
-
Coordinating plans, programmes and projects with private
institutions and non-governmental agencies.
It shall coordinate, analyse and evaluate plans, programmes and
projects in its area of competence with the National Executive
Director.
Its operational policies and its functional organic structure,
centrally and locally, shall be subject to internal regulation.
The National Institute for Drug-Dependency Research (INIF) and
all State agencies for prevention and treatment are incorporated in
the organic structure of this Under-Secretariat.
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