I have just one question relative to the question that Mr. Gilman and Chairman Wolff were asking, that Secretary Kissinger met yesterday with the President-elect of Mexico.

If it is not confidential or if you have the information, I wonder if this subject was discussed on the agenda or discussed.

Ambassador VANCE. I can't answer that question because I don't know yet.

I do know, however, that Mr. Robinson was present when President Ford discussed this subject Friday or Saturday-whenever it waswith the President-elect of Mexico.

And he was not present when the Secretary talked to him.

I can assure you that it was discussed as Secretary Robinson told you.

Mr. DE LA GARZA. If that information is available, could you supply it for the record?

Ambassador VANCE. I will do that, yes.

[The information referred to follows:]

In view of the great importance attached by our Government to the question of the illegal narcotics produced in Mexico and smuggled into the United States, it was decided that the discussion of the matter with President-elect Lopez-Portillo would be at the very highest level of the U.S. Government.

Mr. DE LA GARZA. Thank you, Mr. Chairman.

Mr. WOLFF. Mr. Frey?

Mr. FREY. Thank you, Mr. Chairman.

I guess I have been in most of the areas as the Chairman has where there have been problems. And I certainly want to compliment you on trying harder. I guess you agree that once this gets into commerce it is just a percentage game. If you don't eradicate it at the source, it is going to come into the country.

The situation in Burma is-most of the poppy and the heroin that is being sold, is that going to supply the guns, basically, for the rebels over there in Burma?

Ambassador VANCE. Yes, sir.

A very large part, virtually all of the production of the opium poppy in Burma is in the northern portion of the country. That area has insurgent bands of one kind or another, and they do finance their insurgency with smuggling of opium, jade, and other things.

Mr. FREY. I guess we were the first group in there, and the attitude of the Burmese at the time was not to take anything from this country. We were not very popular over there.

I notice that they are taking some helicopters. Is there much coordination with them in terms of the intelligence activities?

Ambassador VANCE. We have been very pleased with the readiness that developed about 2 years ago on the part of the Burmese Government to work with us in a cooperative way, and undertake a very active and increasingly effective program in this field.

You were right in saying that, prior to 1974, the Burmese Government was not prepared to discuss this subject with any government. Mr. FREY. Do they let their Ambassador leave without giving them 2 weeks notice? Can he get out of Rangoon?

Ambassador VANCE. The cooperation by the Burmese has, therefore, been quite remarkable.

The first six helicopters were in the country only about 6 months when the laboratory seizures, major caravan interceptions, and poppy crop destruction occurred that were mentioned in the Secretary's statement.

Obviously, these are apples and oranges, but if you translate these acts in terms of opium, it would indicate that 50 to 60 tons were destroyed as a result of the use of the six helicopters. Let's compare that with the amount seized in 1 year in the United States by all our enforcement agencies which is, at most, 15 tons.

Mr. FREY. I made some recommendations in Colombia about maybe getting another office of DEA, giving our people some more equipment there.

There were some real problems there, and obviously a great many revolved around cocaine.

Have you done anything in Colombia to increase our effort?

Ambassador VANCE. We have increased our effort, and we have just completed negotiations with the Colombians that will support a major increase in their efforts.

Mr. FREY. Have you opened another office, for instance?

We had very few people down there at the time.

Ambassador VANCE. We have a substantial number there now. We have all of the DEA officers they have asked for, I believe.

Mr. GILMAN. Secretary Robinson, when he testified earlier, said some dollars were being spent for controlling the growth of cocaine in Colombia; is that correct?

Ambassador VANCE. No, sir. The criminal activity in Colombia is the refining of coca paste into cocaine and the trafficking in cocaine. Coca, as you know, comes from the coca bush. Most of the coca is grown in Bolivia and Peru. Most of it is refined in Colombia. Mr. GILMAN. Is money being spent to control cocaine?

Ambassador VANCE. Yes, sir.

In the last few months, we have had what we regard as a very hopeful breakthrough.

The Governments of Peru and Bolivia have expressed their determination to subject the growing of coca bushes to control.

As you know, the coca leaf is chewed and has been traditionally for thousands of years by the Indians in the area.

We do not argue with the governments about what is chewed or the small amount that is legally imported into the United States for flavoring.

But we do think now that there is a possibility that the growing of coca can be reduced to traditional and legal requirements, with our assistance with income alternatives for the Indian growers of coca. It certainly won't happen overnight.

Mr. FREY. Just two other quick questions.

The two problems in Colombia are-one involves the three law enforcement agencies, sort of like our old days with Customs.

I want to know if that has been resolved better than it was. And secondly, the law-the Attorney General at one time—and I forwarded a request of Colombia-asked to come here to do some work in the codification of their criminal code.

I want to know if there has been any movement in that area. Ambassador VANCE. We have worked with them in strengthening their laws. We have also worked in strengthening all three of the agencies to which you referred.

Mr. FREY. Can you submit for the record the changes in their laws that have been made, with the chairman's permission?

Ambassador VANCE. Yes.

Mr. WOLFF. Without objection, so ordered.

[The information referred to follows:]

Attached for insertion as an annex to the record are the English translations of the most recent Colombian legislation on narcotics:

Legislative Decree 756 of 23 April 1976;

Decree Number 701, April 9, 1976;
Decree No. 1514 of 26 July 1975; and

Decree No. 1188 of 25 June 1974.

The visits to Colombia by members of Congress and their constructive efforts in discussions with Colombian officials, as well as the several meetings between a delegation of the Departments of Justice and State and the Attorney General of Colombia on improved judicial cooperation, were instrumental in achieving significant progress in new Colombian narcotics legislation.

LEGISLATIVE DECREE 756 of 23 APRIL 1976 TO TAKE ACTION CONCERNING CONSERVATION AND REESTABLISHMENT OF PUBLIC ORDER

The President of the Republic of Colombia, exercising the powers vested in him by Section 121 of the National Constitution and Implementing

SECTION 1. Within the investigation of the crimes of kidnapping, conspiracy to commit crimes, violation of the National statute on drugs and narcotics and other connected crimes, the judge must receive the unsworn statement (Indagatoria) of the suspect arrested as soon as possible, within but not later than 6 days following the date in which the person arrested has been transferred to the judge.2 Until said unsworn statement is received the suspect must be held incommunicado. Should the unsworn statement not be received within the 6-day period set forth above, upon expiration of said period, the judge shall allow the captured person to communicate.

3

SECTION 2. Upon receiving the unsworn statement or the expiration of the period set forth above, the judge shall decide whether to decree the preventive detention of the suspect based upon supporting evidence or to determine his immediate release within and not later than ten (10) days following the transfer of the suspect to judges jurisdiction. In the latter case, the release shall be without any bail unless there still remains indications that the suspect committed the crime being investigated in which case, the judge shall oblige to the suspect to make periodical appearances before the Court or to other judicial or police authorities located in the suspect's domicile. Failure to report by the suspect shall carry consecutive fines up to an amount of 10,000 pesos graduated according to his economic situation.

SECTION 3. The periods of time provided above will be increased up to double the original period of time when there are more than two persons captured and such capture had been made on the same date.

SECTION 4. The Directors of jails can only exercise the authority vested in them by Section 438 of the Code of Penal Procedure, concerning the release of persons captured, when the period of time set forth above for the Judge to decide whether the suspect shall be detained temporarily or released, has expired.

SECTION 5. For purposes of provisions set forth by this Decree, all provisions and regulation of the Code of Penal Procedure and Code of Military Justice as well as any other regulation ruling the matters covered by this Decree are hereby suspended.*

1 Section 434 Code of Penal Procedure provides for 3 days.

Police must arraign suspects within 24 hours of their arrest.

3 Section 437 of Code of Penal Procedure provides 5 days.

Until such time as the State of Siege is lifted or this Decree is approved by Congress.

80-481-77-26

SECTION 6. This Decree becomes effective on the date of its issuance.
Disclosed and enforced on the 23rd day of April of 1975 in Bogotá.

Signed: ALFONSO LOPEZ MICKELSEN

Minister of Government:

THE MINISTRY OF JUSTICE DECREE NUMBER 701, APRIL 9, 1976

Whereby Clauses 2 and 39 of Chapters 6 and 38 of the Decree-Law #1188, 1974, are being regulated.

The President of the Republic of Colombia, exercising the faculties conferred to him by Clause 3, Chapter 120 of the National Constitution, following the opinion of the National Council of Narcotics, and

Considering:

That in extension to Law 17, 1973, the Government issued Decree-Law #1188, 1974, wherein some criminal activities dealing in narcotics are treated;

That there exists a necessity to differentiate among individuals whose criminal activity consists in processing and dealing in habit forming substances, and those individuals who merely carry a small quantity of it for their personal consumption;

That this last behavioral phenomenon carries foreseeable specific consequences, hence, should be dealt with accurately and adequately at the investigative field, which practically brings forth some technical difficulties;

DECREES

Clause 1.-Judges and Judicial Police, while ordering technical proof to determine whether a seized substance constitutes a dose for personal use, shall attach to their order information concerning quantity of the substance, circumstances of the seizure, and, if possible, all personal and/or clinical antecedents of the caught carrier of the drug involved.

Clause 2.-The dose for personal use of an individual under treatment with habit forming substances shall be the therapeutical one, registered in the respective medical prescription of the patient or the dose certified under oath by the physician in charge of the treatment.

Clause 3.-The personal dose of a compulsive drug addict shall be established through trial proceedings and based on corresponding results shown by clinical tests.

Clause 4.-Unless the dose has been proven to be a therapeutical one or the case being impossible to establish by the scientific criteria heretofore introducedthe dose for personal use of a defendant shall be founded on the following indices: Marihuana weeds-28 grams.

Marihuana hashish-10 grams.

Clause 5.-This Decree shall become enforceable as of the date of its issuance.

To Be Disclosed, Published and Enforced.

Issued in Bogotá, D.E. on April 9, 1976
Signed: ALFONSO LOPEZ MICHELSEN.
The Minister of Foreign Affairs:

The Minister of Justice:

(Signed): INDALEČIO LIEVANO AGUIRRE.

(Signed): SAMUEL HOYOS ARANGO.

(Signed): HAROLDO CALVO NUÑEZ.

Translated from the Spanish by : JAN M. SCARTON.

The Minister of Public Health:

DECREE No. 1514, 1975
(July 26)

By which Clauses 52 and 66 of the Decree-Law No. 1188, 1974 (whereby the National Narcotics Enactment has been issued) are being adjusted.

The President of the Republic of Colombia, exercising the power conferred to him by Procedure 3, Clause 120 of the National Constitution and taking in account the advise of the National Counsel of Narcotics, and,

Considering:

That for the effectiveness of the programs and campaigns for the rehabilitation of the drug addicts-it is necessary to point out the procedures to be followed in the collection and management of the funds coming from proceeds of the sales to which Clause 52 refers to, and also from the proceeds of the fines collected referred to by Clause 66 of the Decree-Law 1188, 1974,

[DECREES]

Clause 1.-Whenever a seizure or apprehension of an item, components or transportation unit, to which Clause 52 of Decree 1188, 1974, refers to, is being performed the Officer or Judge in charge of the investigation shall within the following 24 hours notify of the event the National Counsel of Narcotics, enumerating in detail the items, components or transportation units involved, indicating in the same notification the judicial decisions adopted.

Clause 2.-The Counsel shall decide as to whether the items, components or transportation units should be designated for official use or to be put up for auction sale thus forming the Government's opinion for the purpose of the executive order to be drawn up.

Should the items be turned over to official use, the Counsel shall then establish by its own available means which authority unit performed the seizure or apprehension, and the application of the designated items shall be according to the spirit intended by Decree 1188, Clause 52.

Clause 3.-The official entity, as referred to in this Decree, to which the seized items, components or transportation units have been turned over to-shall not change their original use and shall present them, on request, to the investigating and trial official for trial purposes, shall take good care of their conservation and upkeep.

Clause 4.-Once the executive order designating the seized items, components or transportation units to official use is issued, this shall be reported by the Narcotics Office at the Ministry of Justice to the Trial Judge in charge of the items. Within 10 days following the date of the report the Judge shall order the delivery of the items, which shall remain in deposit of the official entity mentioned in the executive order.

Clause 5.-At the end of a trial that had not altered the outcome concerning the items, their quality as elements and means of the crime committed-the Judge concerned shall report to the National Counsel of Narcotics for the purpose - of the final designation of the items.