Drug Abuse

Article 13

ADMINISTRATION OF THE STATISTICAL RETURNS SYSTEM

Paragraph 1

1.   The Board shall determine the manner and form in which statistical returns shall be furnished as provided in article 20 and shall prescribe the forms therefor.

Commentary

1.   It will be noted that, while the Board determines the date or dates by which Governments should furnish the annual estimates of their narcotics requirements, 1 the dates by which the statistical returns are due are fixed in the Convention itself. z

2.   The forms which the Board is required to prescribe for use by Governments for their statistical returns must be supplied in time by its secretariat to all Governments, both of Parties and non-Parties, in order to enable them to furnish the returns by the dates provided in the Convention. s While the Convention does not contain an express provision requiring the Board to request Governments of non-Parties to furnish statistical returns in accordance with its provisions, as it does in respect to the estimates, 4 the Board's authority to address such a request to non-Parties was considered to be "implied" by the Drafting Committee of the Plenipotentiary Conference which adopted the Single Convention. s Governments of non-Parties are also interested in furnishing statistical returns because by so doing they are able to correct inaccurate information supplied by other Governments which could be used to their disadvantage under the terms of the Single Convention.   An inaccurate export report of another country may, for example, indicate that a non-Party which has not furnished its own import statistics has imported drugs in excess of its limits as determined by the Convention.   Such a non-Party may, on the basis of such wrong information, be subjected by the Board to an embargo of narcotics imports. c   It will also be recalled in this connexion that the Board may take even against non-Parties the measures foreseen in article 14 to ensure the execution of provisions of the Single Convention.   It follows that the Board is required to supply non-Parties with its statistical forms, not only in the interest of the family of nations as a whole, which benefits from universal implementation of the provisions of the Single Convention, but also in that of to this end. The Convention indicates in several places 1 the use which should be made by the Board of the statistical information, but states nowhere that the figures may not be employed for any other purpose which it desires to achieve in accordance with the Convention. It does not establish criteria by which the figures themselves should be evaluated.
2.   The Board has, of course, first to establish whether the data are complete, that is, whether all the figures required by the Convention have in fact been furnished; secondly, it must consider whether the statistical information is correct, that is, whether in the light of other information at its disposal it has reasons to assume that a particular figure may be inexact; for example, information furnished under the Single Convention on the production 2 of opium may differ from that which the Food and Agriculture Organization of the United Nations has received pursuant to article 11 of its Constitution. The Board's right on sound grounds to question the accuracy of statistical figures which it receives under the Single Convention 3 may a contrario be inferred from inter alia, the fact that article 13, paragraph 4 excludes from such questioning only "statistical information respecting drugs required for special purposes". Each country's and territory's figures are reviewed by the Board with a view to determining whether its manufacturing and import limits under the provisions of the Single Convention have been observed. 4   The Board is also expressly required to include in its annual report on its work, and if appropriate in additional reports, "an analysis of the estimates and statistical information at its disposal". 5   Such an analysis involves of course a comparison of the estimates and statistics.
3.    Though the examination of the statistics in the light of the estimates is largely a mathematical operation, it would be wrong to assume that the Board's authority is restricted to arithmetical computations. An organ of high standing like the Board, elected by the Economic and Social Council and composed of independent members possessing the high professional and moral qualities required by the Single Convention s would not be needed for such a limited purpose.   Moreover, even the type of information which the Board receives indicates that its authority cannot be so restricted.   In order to establish whether the manufacturing and import limits of countries and territories have been observed, it would be sufficient for the Board to have in addition to the other data involved, figures on that part of the drugs seized from the illicit traffic which has been utilized for licit purposes.   The Board, however, receives the total figures on such seizures as well as information on the disposal of the seized drugs. 7  This appears to indicate that the extent of the non-Parties themselves.   All Governments should from time to time inform the secretariat of the Board of the number of copies which they need.
3.   The Board may determine the "manner and form" in which the statistic returns should be furnished.   It may prescribe the mode of transmission, e.g. that returns which are not delivered to the Board's secretariat by a member of a delegation or by a messenger should be forwarded by registered air mail, and that the forms should be completed by typewriter.   The Board may and does require that the import and export figures which Governments must furnish 7 should be subdivided by country of origin and destination. s   It may also require that the statistical data on the seizure of drugs from the illicit traffic indicate separately the amounts seized on account of illicit import and export, and those seized within the country. 9
4. The forms prescribed by the Board for statistical returns contain detailed instructions concerning their
5.   For provisions of earlier treaties corresponding to article 13, paragraph l, see article 22, paragraph 1, introductory paragraph and article 23, introductory paragraph of the 1925 Convention and article 9, paragraph 2 of the 1953 Protocol.

1 Article 14, para. 1, subpara. (a) and article 21.

2 Le. harvesting; see article 1, para. 1, subpara. (t).

3 Article 20, article 27, para. 2 and article 49, para. 3, subpara. (b); see also article 2, para. 9, subpara. (b).

4 Article 21, paras. 1 to 3; see also article 31, para. 1, subpara. (b) and article 21, para. 4.

5 Article 15, para. 1.

6 Article 9, paras. 1 and 2.

7 Article 20, para. 1, subpara. (e); see also form C/S of the Board (4th edition, November 1969) table 11, column F; see also article 22, para. 1, subpara. (e) of the 1925 Convention and article 9, para. 1, subpara. (a), clause (iv) of the 1953 Protocol.

1. Article 12, para. 1.

2 Article 20, para. 2.

3 Article 20, para. 1, introductory subparagraph

4 Article 12, para. 2.

5 Records, vol. 11, p. 287, foot-note 33; the implication is said to follow from para. 2 of article 13.

6 Article 21, para. 4.

7 Article 20, para. 1, subpara. (d).

8 See form A/S of the International Narcotics Control Board (5th edition, November 1969).

9 The Board does not at present require such separate data; see form C/S of the Board (4th edition, November 1969, table II column E). The 1925 Convention required only information on international seizures; see article 22, para. 1, subpara. (e); the 1953 Protocol provided for statistics on all opium seizures, see article 9, para. 1, subpara. (a), clause (iv).

10 Form C/S referred to in foot-note 9 for the Annual Statistics of Production, Manufacture, Consumption, Stocks and Seizures of Narcotics Drugs and form A/S referred to in foot-note 8 for the Quarterly Statistics of Imports and Exports of Nar cotic Drugs; see also form R/S for the Annual Statistics on Narcotic Drugs Used for Non-Medical Purposes, under article 49, para. 3, and subpara. (b) of the Single Convention.

Paragraphs 2 and 3

2.   The Board shall examine the returns with a view to determining whether a Party or any other State has complied with the provisions of this Convention.

3.   The Board may require such further information as it considers necessary to complete or explain the information contained in such statistical returns.

Commentary

1.   Paragraph 2 states that the purpose of the Board's examination of the statistical returns is the determination of compliance of any Party or any other State with the provisions of the Single Convention; but beyond that, the Convention does not define the scope of the examination which the Board is required to undertake pursuant to paragraphs 2 and 3, nor the kind of information which it may use for its examination or whose supply it may require to this end.   The Convention indicates in several places x the use which should be made by the Board of the statistical information, but states nowhere that the figures may not be employed for any other purpose which it desires to achieve in accordance with the Convention.   It does not establish criteria by which the figures themselves should be evaluated.

2.   The Board has, of course, first to establish whether the data are complete, that is, whether all the figures required by the Convention have in fact been furnished; secondly, it must consider whether the statistical information is correct, that is, whether in the light of other information at its disposal it has reasons to assume that a particular figure may be inexact; for example, information furnished under the Single Convention on the production 2 of opium may differ from that which the Food and Agriculture Organization of the United Nations has received pursuant to article 11 of its Constitution. The Board's right on sound grounds to question the accuracy of statistical figures which it receives under the Single Convention 3 may a contrario be inferred from inter alia, the fact that article 13, paragraph 4 excludes from such questioning only "statistical information respecting drugs required for special purposes". Each country's and territory's figures are reviewed by the Board with a view to determining whether its manufacturing and import limits under the provisions of the Single Convention have been observed. 4   The Board is also expressly required to include in its annual report on its work, and if appropriate in additional reports, "an analysis of the estimates and statistical information at its disposal". 5   Such an analysis involves of course a comparison of the estimates and statistics.

3.   Though the examination of the statistics in the light of the estimates is largely a mathematical operation, it would be wrong to assume that the Board's authority is restricted to arithmetical computations. An organ of high standing like the Board, elected by the Economic and Social Council and composed of independent members possessing the high professional and moral qualities required by the Single Convention s would not be needed for such a limited purpose.   Moreover, even the type of information which the Board receives indicates that its authority cannot be so restricted.   In order to establish whether the manufacturing and import limits of countries and territories have been observed, it would be sufficient for the Board to have in addition to the other data involved, figures on that part of the drugs seized from the illicit traffic which has been utilized for licit purposes.   The Board, however, receives the total figures on such seizures as well as information on the disposal of the seized drugs.7 This appears to indicate that the extent of the illicit traffic may be a relevant factor in the Board's evaluation of the performance of Governments under the Single Convention.

4.   A purely mathematical approach to the statistical data would also present a temptation for the sometimes not very high-ranking official who prepares the estimates and statistical returns to adjust the statistical data so as to make it appear that his country or territory has not exceeded its manufacturing and import limit under the Single Convention.

5.   In fact, as has been pointed out elsewhere, 8 the various elements of the international narcotics regime are interdependent.   If a country or territory furnishes incomplete or inaccurate statistical returns or sends them late or not at all, this is not necessarily exclusively due to lack of experience, incompetence or negligence on the part of the national officers responsible for this task. Such a situation may be caused by unsatisfactory organization of the national narcotics administration, such as dispersion of the control functions among too many government units without co-ordination by a special administration pursuant to article 17. There may be a failure to implement article 17; perhaps the collection of data may have been entrusted by a Government to an inappropriate agency such as a university, with the result that statistical reporting by the Government is unsatisfactory.   In such a case there would be a violation of the requirement of article 4 that the necessary administrative measures be taken to carry out the provisions of the Single Convention. Inadequate reporting may also result from a failure to enforce the provision of article 34, paragraph (b) requiring that government agencies, manufacturers and distributors of drugs keep satisfactory records of their transactions, which may make it impossible to compile complete and accurate data or to furnish statistical returns in time. A defective application of the licensing system may also affect the capacity of a national narcotics administration to comply with the provisions of the Convention regarding statistics. If a Government issues too many licences to manufacturers s or to persons engaged in the import or export trade in drugs, 1° it may not be in a position to collect and compile the data with sufficient speed to be able to transmit them to the Board by the dates prescribed by the Convention. 11   If a Government grants licences to engage in narcotics trade to persons who do not have "adequate qualifications for the effective and faithful execution" 12 of their duties under the narcotics regime, it may be unable to obtain from them complete or accurate data for transmission to the Board, or to obtain the figures in time for transmission by the dates required by the Convention.

6.   The Board may use facts from different sources in evaluating the accuracy and completeness of statistical returns.   It may compare the import statistics of a particular country or territory with the export statistics of the countries of origin, or the export statistics in one return with the import statistics of the countries and territories of destination. It may study the returns in the light of information which it may learn from the annual reports on the working of the Single Convention and from the reports on seizures of drugs furnished under article 18, paragraph 1, subparagraphs (a) and (c), from other communications furnished by Governments in writing or orally to other intergovernmental organizations or organs, or from official data released by Governments to the public. Information from private sources, however, may not be used.

7.   It may be noted that the Board may require additional information not only to complete statistical returns which it has received, but also to explain the information contained in them. It has considerable discretion in determining the scope of information which it wishes to employ for this purpose, not only to explain the meaning of imprecise information contained in the returns in question, but also to explain why the statistical documents are incomplete or inaccurate. The Board may seek information in order to establish whether there are weaknesses in the control regime of the country which has sent the defective return or returns. In so doing, it may solicit data to clarify whether the country or territory concerned has complied with particular provisions of the Single Convention.   The phrase "the Board may require such further information as it considers necessary" indicates the wide range of subject-matter about which it may make inquiries in the course of its examination of statistical returns; but facts which have no bearing on the incompleteness, inaccuracy or late arrival of statistical returns, or which would not elucidate the circumstances of any other failure of a Government to comply with provisions of the Single Convention as indicated in a statistical return, are excluded from the scope of the Board's inquiries under paragraph 3 of article 13.

8.   The Board may address its inquiries to the Government which has furnished the statistical return involved or has failed to furnish it, to other Governments and to intergovernmental organizations, but never to private organizations or individuals.

9.   It is also submitted that the provision of article 14, paragraph 1, subparagraph (a) in regard to the type of information on which the Board may base its action under that provision does not apply to paragraphs 2 and 3 of article 13.

10. The Board can never make any inquiry in respect to statistical information on drugs required for "special purposes". As regards the meaning of the phrase "special purposes", see above, comments on article 1, paragraph 1, subparagraphs (w) and (r) and on article 12, paragraph 4.

11.   It will be noted that the Board is required to carry out its examination and inquiries under article 13, paragraphs 2 and 3 in respect of statistical returns of Parties and non-Parties alike. Non-compliance of any State with provisions of the Single Convention may weaken its effectiveness. Accurate statistical figures supplied by non-Parties at the dates provided in the Single Convention 13 are needed by the Board not only in order to be able to administer the treaty in the interest of the international society as a whole, but also in justice to the non-Parties themselves, which might otherwise be subjected to measures based on inaccurate information supplied by other Governments. Here again, it will be recalled that the Board is authorized to impose even on non-Parties a mandatory embargo on the export of drugs if, according to statistical information at the Board's disposal, a country or territory has exceeded its import limits under the Single Convention. 14 Moreover, the measures which the Board may take to ensure the execution of provisions of the Single Convention may also be applied to non-Parties, is and in extreme cases this may lead to a recommendation of the Board to stop the import of drugs, the export of drugs, or both, from or to a It may finally be pointed out that a Party may also of its own accord, on the basis of inaccurate data furnished by other Governments, discontinue its export of drugs to a non-Party which has failed to supply its own statistical information. Parties are under an obligation to discontinue exports if according to the information at their disposal they would otherwise violate the import limits of an importing country or territory. 17

12. The Board-like its predecessor, the former Permanent Central Board-has always in exercising its authority to examine the statistical returns and to make inquiries to explain information contained therein, paid due respect to the fact that the Governments which furnish the returns are sovereign States. 1e It appears that friendly relations have developed as a result of the continuous and close contacts between the secretariat of the international organ and the technical national officers concerned during more than four decades, and the Board's inquiries about statistical returns have hardly ever been questioned on legal grounds. The relations between both Boards and the national authorities with whom they have corresponded have been guided by a common desire to co-operate in the interest of effective international narcotics control, and hardly ever by legal technicalities.   The exact legal limits of the scope of the Board's examination of statistical returns and of its inquiry regarding them may therefore in practice be only of minor

13. The Single Convention does not expressly require the Board to publish the statistical data which it receives. It prescribes only that the Board's reports pursuant to article 15 should contain "also an analysis of the estimates and statistical information at its disposal".   It is however submitted that the statistical data furnished by a particular Government are not only of interest to the Board but also to all Parties to the Convention. The Board should therefore periodically, and at least annually, publish the figures at its It may of course do this in an economical way, and present some of the information in a summarized form. It is also desirable that in publishing such figures the Board should take care not to facilitate the operations of speculators and not to injure the legitimate commerce of any Party. 20

14. The Board may, in its publication of the statistical data, give an account of its inquiries made concerning them and of the explanations given by Governments in respect of them, and may add such observations and recommendations as it considers desirable. 21

1 Article 14, para. 1, subpara. (a) and article 21.

2 Le. harvesting; see article 1, para. 1, subpara. (t).

3 Article 20, article 27, para. 2 and article 49, para. 3, subpara. (b); see also article 2, para. 9, subpara. (b).

4. Article 21, paras. 1 to 3; see also article 31, para. 1, subpara. (b) and article 21, para. 4.

5 Article 15, para. 1.

6 Article 9, paras. 1 and 2.

7. Article 20, para. 1, subpara. (e); see also form C/S of the Board (4th edition, November 1969) table 1I column F; see also article 22, para. 1, subpara. (e) of the 1925 Convention and article 9, para. 1, subpara. (a), clause (iv) of the 1953 Protocol.

8 See above, comments on article 12, para. 4.

9 Article 29, para. 1.

10 Article 31, para. 3, subpara. (a).

11 Article 20, para. 2.   Such a situation may also be responsible for the failure of a country or territory to observe its manufacturing and import limits; see above comments on article 12, para. 4.

12 Article 34, para. (a).

13 Article 20, para. 2.

14 Article 2I para. 4; this provision has, however, no punitive character

15 Article 14.

16 Article 14, para. 2; see also comments on article 12, para. 2 and article 13, para. 1.

17. Article 31, para. 1, subpara. (b).

18 See also above comments on article 12, para. 4.

19 See also article 22, para. 1, last subpara. and article 27, second para. of the 1925 Convention, article 9, para. 4 of the 1953 Protocol and article 21, para. (b) of the 1912 Convention.

20 See article 27, second paragraph of the 1925 Convention; but this appears under present conditions hardly to be a significant problem.

21 Article 15, para. 1 of the Single Convention.

Paragraph 4

4.   It shall not be within the competence of the Board to question or express an opinion on statistical information respecting drugs required for special purposes.

Commentary

1. The term "special purposes" means "special Government purposes and to meet exceptional circumstances". The "special Government purposes" include in particular the needs of the armed forces. 1    The drugs involved are only those held by the Government for such purposes.   The Parties are not bound to furnish statistical data concerning drugs held by the Government for these purposes, i.e. "special stocks", 2 but only figures on the drugs imported or procured domestically for such stocks and on drugs withdrawn from them to meet the requirements of the civilian population. 3    The Board is not entitled to make inquiries about these figures, nor to express any opinion on them.   While it may not ask questions about the size of "special stocks" nor about the use of drugs contained in them as long as they are employed "for special Government purposes and to meet exceptional circumstances"; it may ask for the supply of data on additions to, and withdrawals from, special stocks if a Government which holds such stocks has failed to furnish these figures.

2. The authors of the Single Convention did not intend to submit "special stocks" to the international narcotics regime . 4 They therefore incorporated only such provisions in the Convention regarding "special stocks" and drugs included in them s as are required to enable the Board to strike the balance which may be necessary in order to determine the manufacturing and import limits of a particular country or territory 6 and whether these limits are observed.

1 See above comments on article 1, para. 1, subparas (w) and (x) and on article 12, para. 4.

2 Article I para. I subpara.(w).

3 Article 20, para. 4

4 See above, comments on article 1, para. 1, subparas. (w) and (x) and on article 12, para. 4.

5 Article 19, para. I subpara. (d) and article 20, para. 4; see also article 12, para. 4, article 13, para. 4 and article 1, para. 1, subparas. (w) and (x).

8 See also article 5, para. 6, second para. of the 1931 Convention and article 22, para. 3 or the 1925 Convention.

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