BY ANDRES OPPENHEIMER
MEXICO CITY -- A new U.S. law against international drug kingpins
is raising
alarm among top Mexican officials, who describe it as a dangerous
legal
mechanism that could hurt reputable Mexican companies and poison
the two
countries' joint anti-drug efforts.
The law, known as the Drug Kingpin Act of 1999, was signed with
little fanfare by
President Clinton on Dec. 3 and is aimed at crippling the drug
cartels' financial
operations. It calls for the White House to identify international
drug lords and
freeze their U.S. assets, including those of their associates,
family members and
related U.S. businesses.
According to its sponsors, Sen. Paul Coverdell, R-Ga., and Sen.
Dianne
Feinstein, D-Calif., the ultimate goal of the new legislation
is to move toward the
``decertification'' and punishment of drug lords' business empires,
rather than
sanctioning their native countries.
The legislation requires the U.S. Treasury Department to issue
an annual report
on the world's biggest drug traffickers, after consultations
with the Attorney
General's Office, the CIA, FBI, Drug Enforcement Administration,
the State
Department and the Pentagon.
ANNUAL LISTING
The list is to be submitted to the White House by June 1 each
year. Then, the
president will formally designate people on the list as threats
to national security,
subjecting them to the freezing of their assets and denial of
entry into the country.
U.S. companies doing business with those on the list will also
be subject to
sanctions, officials say.
But top Mexican officials are calling the new U.S. law a disaster
waiting to
happen. They note that the list will not be assembled from court
verdicts against
proven criminals, but from reports from various anti-drug agencies
that have often
turned out to be mistaken or based on flimsy evidence.
``It could be an unfair mechanism,'' Mexico's Attorney General
Jorge Madrazo
said in an interview. ``There are fears that they will impose
sanctions on
companies based on rumors. We have already seen many cases of
U.S. reports
based on alleged intelligence sources that were based on nothing
but rumors.''
Madrazo said the new law could ``generate tensions'' between the
two countries,
among other things because the Mexican government could be asked
to defend
Mexican companies unfairly placed on the list.
MEXICAN CONCERNS
``If the Arellano Felix family [of known drug lords] is on the
list, that's no problem,''
Madrazo said. ``But what happens if reputable Mexican companies
are on the
list? It could be used as a disguised U.S. protectionist measure
against Mexican
exporters.''
Mexican officials say there has already been one case in late
1999, in which the
U.S. government yanked the visa of a Mexican assembly firm owner
and froze his
Texas bank accounts on charges of drug money laundering. The
measures were
later withdrawn after Mexico lodged a diplomatic protest, and
the allegations were
shown to be wrong, Mexican officials say.
``It turned out to be a mistake,'' Interior Minister Diodoro Carrasco
said in a
separate interview. ``But mistakes like this can cause company
closings, the loss
of thousands of jobs and social problems.''
Asked about it, U.S. Ambassador to Mexico Jeffrey Davidow said
the U.S.
government ``will exercise all caution and due process'' in implementing
the law.
``This law is aimed at the drug kingpins. It's not aimed at one
country or another.
It's not anti-Mexican,'' he said.
PLUSES, MINUSES
U.S. officials concede privately that the law could lend itself
to mistakes, but
added that a previous law that targeted Colombian drug traffickers
was extremely
useful to crack down on their U.S. front companies.
One thing on which Mexican and U.S. officials agree is that the
new law is likely
to become a political issue in coming months, much like the existing
U.S. law
that requires the White House to issue an annual ``certification''
of countries that
cooperate in the war on drugs.
That law, which carries commercial sanctions against ``decertified''
countries, has
long been criticized by Mexico as an example of political arrogance
by the world's
biggest drug-consuming nation. Mexico is seeking to persuade
the U.S.
Congress to replace that law with a multilateral certification
mechanism.
Bruce Bagley, a political scientist at the University of Miami
who specializes in
narcotics, said the Drug Kingpin Act may actually be more effective
than the
country certification law.
``Certification with Mexico has never been a useful instrument,''
he said, adding
that the U.S. government has always been hesitant to decertify
a country as
important as Mexico. ``The new law is going to bring greater
pressure. If it is
handled properly, it need not be based on rumors. It can be a
solid list of
traffickers who are wandering around free as birds.''
Copyright 2000 Miami Herald