By Lloyd Williams, Senior Associate Editor THE BUSH Administration in the United States on June 4 released the names of seven alleged drug traffickers, including Samuels "Ninety" Knowles of the Bahamas, who the President has designated as appropriate for sanctions under the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901-1908).
Knowles was first indicted on May 25, 2000 by a US federal grand jury in the Southern District of Florida, for smuggling cocaine. The grand jury returned a separate indictment on December 8, 2000 on charges of conspiracy to possess cocaine with intent to distribute it and marijuana, conspiracy to import cocaine and marijuana, possession with the intent to distribute cocaine and marijuana, and importation of cocaine and marijuana.
Knowles was identified by the International Narcotics Control Strategy Report March 2001, as a major Bahamian drug trafficker who was extradited from Jamaica to the Bahamas in 2001. He is said to be the leader of a drug syndicate called "Lexus Crew", based in Nassau, Bahamas, and head of the "Red Lane Crew" which operated from Jamaica and the Bahamas to the United States and Canada. He is in custody in the Bahamas and is awaiting extradition to the United States.
In March, law enforcement authorities in the Southern District of Florida laid charges against Knowles and nine other individuals said to be involved in a cocaine and marijuana trafficking organisation operating in the Southern District of Florida, the Bahamas, Jamaica and Canada.
The charges include conspiracy to import cocaine and marijuana, conspiracy to possess cocaine and marijuana, with the intent to distribute the drugs, distribution of cocaine and marijuana, and importation of cocaine and marijuana into the United States.
The US authorities said then that the multinational co-operative investigation had resulted in the seizure of more than 1,363 kilos of cocaine and, 399 kilos of marijuana and US$2.5 million.
One of Knowles's associates is said to be a notorious gun-runner who deals heavily in Kalashnikovs (AK 47 assault rifles). "Ninety", who is reported to be worth millions of US dollars, was said, during the year he lived in Jamaica, to have surrounded himself with police personnel whom he used for his enforcement and cocaine transhipment activities.
The Foreign Narcotics Kingpin Designation Act (the "Kingpin Act") targets worldwide, significant foreign narcotics traffickers, their organisations, and operatives.
The Kingpin Act is the result of legislation the purpose of which is to deny significant foreign narcotics traffickers, their related businesses, and their operatives access to the US financial system and all trade and transactions involving US companies and individuals.
The Kingpin Act authorises the President to take these actions when he determines that a foreign narcotics trafficker presents a threat to the national security, foreign policy, or economy of the United States.
Congress modelled the Kingpin Act after the effective sanctions programme that the Department of the Treasury's Office of Foreign Assets Control ("OFAC") administers against the Colombian drug cartels pursuant to Executive Order 12978 issued in October 1995 under authority of the International Emergency Economic Powers Act.
The Kingpin Act requires that the Departments of Treasury, State, Justice and Defence, and the Director of Central Intelligence, co-ordinate on the identification of proposed kingpins for designation by the President. By June 1 each year, the President must report to specified congressional committees those "foreign persons [he] determines are appropriate for sanctions" and stating his intent to impose sanctions upon those foreign persons.
The long-term effectiveness of the Kingpin Act is enhanced by the Department of the Treasury's authority (in consultation with appropriate government agencies and departments) to make derivative designations of foreign individuals and entities providing specified types of support or assistance to designated traffickers. This authority broadens the scope of application of the economic sanctions against designated kingpins to include their businesses and operatives. In addition, designated individuals and immediate family members who have knowingly benefited from the designated individuals' illicit activity will be denied visas to the United States under 8 U.S.C. 1182 (a)(2)(C).
The Kingpin Act provides for criminal penalties of up to 10 years' imprisonment for individuals and up to a $10-million fine for entities for violations, as well as a maximum of 30 years' imprisonment and/or a $5-million fine for officers, directors or agents of entities who knowingly participate in violations. The Kingpin Act also provides for civil penalties of up to $1 million.
Other foreign persons that the President has determined are appropriate for sanctions pursuant to the Kingpin Act are:
Ismael Zambada Garcia and Mario Ernesto Villanueva Madrid both of whom are citizens of Mexico; Luis Fernando Da Costa who is a citizen of Brazil; Oded Tuito who holds Israeli and French citizenship, and Haji Ibrahim who is a citizen of Pakistan.
These names are being added to the designations announced by President Clinton in June 2000 and President Bush in June 2001. The initial designations were: Benjamin Alberto Arellano-Felix; Ramon Eduardo Arellano-Felix; Jose de Jesus Amezcua-Contreras; Luis Ignacio Amezcua-Contreras; Rafael Caro-Quintero; Vicente Carrillo-Fuentes; Chang Chi-Fu; Wei Hsueh-Kang; Noel Timothy Heath; Glenroy Vingrove Matthews; Abeni 0. Ogungbuyi; and Oluwole A. Ogungbuyi in 2000; Osiel Cardenas Guillen; Miguel Caro Quintero; Joaquin Guzman Loera; Ismael Higuera Guerrero; Oscar Malherbe de Leon; Alcides Ramon Magana; Jose Alvarez Tostado; Sher Afghan; Nasir Ali Khan; Chang Ping Yun; Jamil Hamieh; and Joseph Gilboa in 2001.
