Mexico Wants U.S. Gun Owners In Border States Registered! {VIDEO}

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Mexico Will ask the U.S. Senate to create a registry of all commercialized firearms in border states. What is worrisome is this a backdoor to President Obama supporting an international treaty creating sweeping gun control efforts.

Multilateral Treaties

INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS

THE STATES PARTIES,

AWARE of the urgent need to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials, due to the harmful effects of these activities on the security of each state and the region as a whole, endangering the well-being of peoples, their social and economic development, and their right to live in peace;

CONCERNED by the increase, at the international level, in the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials and by the serious problems resulting therefrom;

REAFFIRMING that States Parties give priority to preventing, combating, and eradicating the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials because of the links of such activities with drug trafficking, terrorism, transnational organized crime, and mercenary and other criminal activities;

CONCERNED about the illicit manufacture of explosives from substances and articles that in and of themselves are not explosives–and that are not addressed by this Convention due to their other lawful uses–for activities related to drug trafficking, terrorism, transnational organized crime and mercenary and other criminal activities;

CONSIDERING the urgent need for all states, and especially those states that produce, export, and import arms, to take the necessary measures to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials;

CONVINCED that combating the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials calls for international cooperation, exchange of information, and other appropriate measures at the national, regional, and international levels, and desiring to set a precedent for the international community in this regard;

STRESSING the need, in peace processes and post-conflict situations, to achieve effective control of firearms, ammunition, explosives, and other related materials in order to prevent their entry into the illicit market;

MINDFUL of the pertinent resolutions of the United Nations General Assembly on measures to eradicate the illicit transfer of conventional weapons and on the need for all states to guarantee their security, and of the efforts carried out in the framework of the Inter-American Drug Abuse Control Commission (CICAD);

RECOGNIZING the importance of strengthening existing international law enforcement support mechanisms such as the International Weapons and Explosives Tracking System (IWETS) of the International Criminal Police Organization (INTERPOL), to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials;

RECOGNIZING that international trade in firearms is particularly vulnerable to abuses by criminal elements and that a “know-your-customer” policy for dealers in, and producers, exporters, and importers of, firearms, ammunition, explosives, and other related materials is crucial for combating this scourge;

RECOGNIZING that states have developed different cultural and historical uses for firearms, and that the purpose of enhancing international cooperation to eradicate illicit transnational trafficking in firearms is not intended to discourage or diminish lawful leisure or recreational activities such as travel or tourism for sport shooting, hunting, and other forms of lawful ownership and use recognized by the States Parties;

RECALLING that States Parties have their respective domestic laws and regulations in the areas of firearms, ammunition, explosives, and other related materials, and recognizing that this Convention does not commit States Parties to enact legislation or regulations pertaining to firearms ownership, possession, or trade of a wholly domestic character, and recognizing that States Parties will apply their respective laws and regulations in a manner consistent with this Convention;

REAFFIRMING the principles of sovereignty, nonintervention, and the juridical equality of states,

HAVE DECIDED TO ADOPT THIS INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS:

Article I
Definitions

For the purposes of this Convention, the following definitions shall apply:

1. “Illicit manufacturing”: the manufacture or assembly of firearms, ammunition, explosives, and other related materials:

a. from components or parts illicitly trafficked; or

b. without a license from a competent governmental authority of the State Party where the manufacture or assembly takes place; or

c. without marking the firearms that require marking at the time of manufacturing.

2. “Illicit trafficking”: the import, export, acquisition, sale, delivery, movement, or transfer of firearms, ammunition, explosives, and other related materials from or across the territory of one State Party to that of another State Party, if any one of the States Parties concerned does not authorize it.

3. “Firearms”:

a. any barreled weapon which will or is designed to or may be readily converted to expel a bullet or projectile by the action of an explosive, except antique firearms manufactured before the 20th Century or their replicas; or

b. any other weapon or destructive device such as any explosive, incendiary or gas bomb, grenade, rocket, rocket launcher, missile, missile system, or mine.

4. “Ammunition”: the complete round or its components, including cartridge cases, primers, propellant powder, bullets, or projectiles that are used in any firearm.

5. “Explosives”: any substance or article that is made, manufactured, or used to produce an explosion, detonation, or propulsive or pyrotechnic effect, except:

a. substances and articles that are not in and of themselves explosive; or

b. substances and articles listed in the Annex to this Convention.

6. “Other related materials”: any component, part, or replacement part of a firearm, or an accessory which can be attached to a firearm.

7. “Controlled delivery”: the technique of allowing illicit or suspect consignments of firearms, ammunition, explosives, and other related materials to pass out of, through, or into the territory of one or more states, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offenses referred to in Article IV of this Convention.

Article II
Purpose

The purpose of this Convention is:

to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials;

to promote and facilitate cooperation and exchange of information and experience among States Parties to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

Article III
Sovereignty

1. States Parties shall carry out the obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of states and that of nonintervention in the domestic affairs of other states.

2. A State Party shall not undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved to the authorities of that other State Party by its domestic law.

Article IV
Legislative Measures

1. States Parties that have not yet done so shall adopt the necessary legislative or other measures to establish as criminal offenses under their domestic law the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

2. Subject to the respective constitutional principles and basic concepts of the legal systems of the States Parties, the criminal offenses established pursuant to the foregoing paragraph shall include participation in, association or conspiracy to commit, attempts to commit, and aiding, abetting, facilitating, and counseling the commission of said offenses.

Article V
Jurisdiction

1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense in question is committed in its territory.

2. Each State Party may adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed by one of its nationals or by a person who habitually resides in its territory.

3. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.

4. This Convention does not preclude the application of any other rule of criminal jurisdiction established by a State Party under its domestic law.

Article VI
Marking of Firearms

1. For the purposes of identification and tracing of the firearms referred to in Article I.3.a, States Parties shall:

a. require, at the time of manufacture, appropriate markings of the name of manufacturer, place of manufacture, and serial number;

b. require appropriate markings on imported firearms permitting the identification of the importer’s name and address; and

c. require appropriate markings on any firearms confiscated or forfeited pursuant to Article VII.1 that are retained for official use.

2. The firearms referred to in Article I.3.b should be marked appropriately at the time of manufacture, if possible.

Article VII
Confiscation or Forfeiture

1. States Parties undertake to confiscate or forfeit firearms, ammunition, explosives, and other related materials that have been illicitly manufactured or trafficked.

2. States Parties shall adopt the necessary measures to ensure that all firearms, ammunition, explosives, and other related materials seized, confiscated, or forfeited as the result of illicit manufacturing or trafficking do not fall into the hands of private individuals or businesses through auction, sale, or other disposal.

Article VIII
Security Measures

States Parties, in an effort to eliminate loss or diversion, undertake to adopt the necessary measures to ensure the security of firearms, ammunition, explosives, and other related materials imported into, exported from, or in transit through their respective territories.

Article IX
Export, Import, and Transit Licenses or Authorizations

1. States Parties shall establish or maintain an effective system of export, import, and international transit licenses or authorizations for transfers of firearms, ammunition, explosives, and other related materials.

2. States Parties shall not permit the transit of firearms, ammunition, explosives, and other related materials until the receiving State Party issues the corresponding license or authorization.

3. States Parties, before releasing shipments of firearms, ammunition, explosives, and other related materials for export, shall ensure that the importing and in-transit countries have issued the necessary licenses or authorizations.

4. The importing State Party shall inform the exporting State Party, upon request, of the receipt of dispatched shipments of firearms, ammunition, explosives, and other related materials.

Article X
Strengthening of Controls at Export Points

Each State Party shall adopt such measures as may be necessary to detect and prevent illicit trafficking in firearms, ammunition, explosives, and other related materials between its territory and that of other States Parties, by strengthening controls at export points.

Article XI
Recordkeeping

States Parties shall assure the maintenance for a reasonable time of the information necessary to trace and identify illicitly manufactured and illicitly trafficked firearms to enable them to comply with their obligations under Articles XIII and XVII.

Article XII
Confidentiality

Subject to the obligations imposed by their Constitutions or any international agreements, the States Parties shall guarantee the confidentiality of any information they receive, if requested to do so by the State Party providing the information. If for legal reasons such confidentiality cannot be maintained, the State Party that provided the information shall be notified prior to its disclosure.

Article XIII
Exchange of Information

1. States Parties shall exchange among themselves, in conformity with their respective domestic laws and applicable treaties, relevant information on matters such as:

a. authorized producers, dealers, importers, exporters, and, whenever possible, carriers of firearms, ammunition, explosives, and other related materials;

b. the means of concealment used in the illicit manufacturing of or trafficking in firearms, ammunition, explosives, and other related materials, and ways of detecting them;

c. routes customarily used by criminal organizations engaged in illicit trafficking in firearms, ammunition, explosives, and other related materials;

d. legislative experiences, practices, and measures to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials; and

e. techniques, practices, and legislation to combat money laundering related to illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

2. States Parties shall provide to and share with each other, as appropriate, relevant scientific and technological information useful to law enforcement, so as to enhance one another’s ability to prevent, detect, and investigate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials and prosecute those involved therein.

3. States Parties shall cooperate in the tracing of firearms, ammunition, explosives, and other related materials which may have been illicitly manufactured or trafficked. Such cooperation shall include accurate and prompt responses to trace requests.

Article XIV
Cooperation

1. States Parties shall cooperate at the bilateral, regional, and international levels to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

2. States Parties shall identify a national body or a single point of contact to act as liaison among States Parties, as well as between them and the Consultative Committee established in Article XX, for purposes of cooperation and information exchange.

Article XV
Exchange of Experience and Training

1. States Parties shall cooperate in formulating programs for the exchange of experience and training among competent officials, and shall provide each other assistance that would facilitate their respective access to equipment or technology proven to be effective for the implementation of this Convention.

2. States Parties shall cooperate with each other and with competent international organizations, as appropriate, to ensure that there is adequate training of personnel in their territories to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials. The subject matters of such training shall include, inter alia:

a. identification and tracing of firearms, ammunition, explosives, and other related materials;

b. intelligence gathering, especially that which relates to identification of illicit manufacturers and traffickers, methods of shipment, and means of concealment of firearms, ammunition, explosives, and other related materials; and

c. improvement of the efficiency of personnel responsible for searching for and detecting, at conventional and nonconventional points of entry and exit, illicitly trafficked firearms, ammunition, explosives, and other related materials.

Article XVI
Technical Assistance

States Parties shall cooperate with each other and with relevant international organizations, as appropriate, so that States Parties that so request receive the technical assistance necessary to enhance their ability to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials, including technical assistance in those matters identified in Article XV.2.

Article XVII
Mutual Legal Assistance

1. States Parties shall afford one another the widest measure of mutual legal assistance, in conformity with their domestic law and applicable treaties, by promptly and accurately processing and responding to requests from authorities which, in accordance with their domestic law, have the power to investigate or prosecute the illicit activities described in this Convention, in order to obtain evidence and take other necessary action to facilitate procedures and steps involved in such investigations or prosecutions.

2. For purposes of mutual legal assistance under this article, each Party may designate a central authority or may rely upon such central authorities as are provided for in any relevant treaties or other agreements. The central authorities shall be responsible for making and receiving requests for mutual legal assistance under this article, and shall communicate directly with each other for the purposes of this article.

Article XVIII
Controlled Delivery

1. Should their domestic legal systems so permit, States Parties shall take the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in the offenses referred to in Article IV and to taking legal action against them.

2. Decisions by States Parties to use controlled delivery shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the States Parties concerned.

3. With the consent of the States Parties concerned, illicit consignments under controlled delivery may be intercepted and allowed to continue with the firearms, ammunition, explosives, and other related materials intact or removed or replaced in whole or in part.

Article XIX
Extradition

1. This article shall apply to the offenses referred to in Article IV of this Convention.

2. Each of the offenses to which this article applies shall be deemed to be included as an extraditable offense in any extradition treaty in force between or among the States Parties. The States Parties undertake to include such offenses as extraditable offenses in every extradition treaty to be concluded between or among them.

3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any offense to which this article applies.

4. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.

5. Extradition shall be subject to the conditions provided for by the law of the Requested State or by applicable extradition treaties, including the grounds on which the Requested State may refuse extradition.

6. If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, the Requested State Party shall submit the case to its competent authorities for the purpose of prosecution under the criteria, laws, and procedures applied by the Requested State to those offenses when they are committed in its own territory. The Requested and Requesting States Parties may, in accordance with their domestic laws, agree otherwise in relation to any prosecution referred to in this paragraph.

Article XX
Establishment and Functions of the Consultative Committee

1. In order to attain the objectives of this Convention, the States Parties shall establish a Consultative Committee responsible for:

a. promoting the exchange of information contemplated under this Convention;

b. facilitating the exchange of information on domestic legislation and administrative procedures of the States Parties;

c. encouraging cooperation between national liaison authorities to detect suspected illicit exports and imports of firearms, ammunition, explosives, and other related materials;

d. promoting training and exchange of knowledge and experience among States Parties and technical assistance between States Parties and relevant international organizations, as well as academic studies;

e. requesting from nonparty states, when appropriate, information on the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials; and

f. promoting measures to facilitate the application of this Convention.

2. Decisions of the Consultative Committee shall be recommendatory in nature.

3. The Consultative Committee shall maintain the confidentiality of any information it receives in the exercise of its functions, if requested to do so.

Article XXI
Structure and Meetings of the Consultative Committee

1. The Consultative Committee shall consist of one representative of each State Party.

2. The Consultative Committee shall hold one regular meeting each year and shall hold special meetings as necessary.

3. The first regular meeting of the Consultative Committee shall be held within 90 days following deposit of the 10th instrument of ratification of this Convention. This meeting shall be held at the headquarters of the General Secretariat of the Organization of American States, unless a State Party has offered to host it.

4. The meetings of the Consultative Committee shall be held at a place decided upon by the States Parties at the previous regular meeting. If no offer of a site has been made, the Consultative Committee shall meet at the headquarters of the General Secretariat of the Organization of American States.

5. The host State Party for each regular meeting shall serve as Secretariat pro tempore of the Consultative Committee until the next regular meeting. When a regular meeting is held at the headquarters of the General Secretariat of the Organization of American States, a State Party that will serve as Secretariat pro tempore shall be elected at that meeting.

6. In consultation with the States Parties, the Secretariat pro tempore shall be responsible for:

a. convening regular and special meetings of the Consultative Committee;

b. preparing a draft agenda for the meetings; and

c. preparing the draft reports and minutes of the meetings.

7. The Consultative Committee shall prepare its own internal rules of procedure and shall adopt them by absolute majority.

Article XXII
Signature

This Convention is open for signature by member states of the Organization of American States.

Article XXIII
Ratification

This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article XXIV
Reservations

States Parties may, at the time of adoption, signature, or ratification, make reservations to this Convention, provided that said reservations are not incompatible with the object and purposes of the Convention and that they concern one or more specific provisions thereof.

Article XXV
Entry into Force

This Convention shall enter into force on the 30th day following the date of deposit of the second instrument of ratification. For each state ratifying the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the 30th day following deposit by such state of its instrument of ratification.

Article XXVI
Denunciation

1. This Convention shall remain in force indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After six months from the date of deposit of the instrument of denunciation, the Convention shall no longer be in force for the denouncing State, but shall remain in force for the other States Parties.

2. The denunciation shall not affect any requests for information or assistance made during the time the Convention is in force for the denouncing State.

Article XXVII
Other Agreements and Practices

1. No provision in this Convention shall be construed as preventing the States Parties from engaging in mutual cooperation within the framework of other existing or future international, bilateral, or multilateral agreements, or of any other applicable arrangements or practices.

2. States Parties may adopt stricter measures than those provided for by this Convention if, in their opinion, such measures are desirable to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

Article XXVIII
Conference of States Parties

Five years after the entry into force of this Convention, the depository shall convene a conference of the States Parties to examine the functioning and application of this Convention. Each conference shall determine the date on which the next conference should be held.

Article XXIX
Dispute Settlement

Any dispute that may arise as to the application or interpretation of this Convention shall be resolved through diplomatic channels or, failing which, by any other means of peaceful settlement decided upon by the States Parties involved. Article XXX Deposit

The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of the Organization of the signatures, of the deposits of instruments of ratification and denunciation, and of any reservations.

ANNEX

The term “explosives” does not include: compressed gases; flammable liquids; explosive actuated devices, such as air bags and fire extinguishers; propellant actuated devices, such as nail gun cartridges; consumer fireworks suitable for use by the public and designed primarily to produce visible or audible effects by combustion, that contain pyrotechnic compositions and that do not project or disperse dangerous fragments such as metal, glass, or brittle plastic; toy plastic or paper caps for toy pistols; toy propellant devices consisting of small paper or composition tubes or containers containing a small charge or slow burning propellant powder designed so that they will neither burst nor produce external flame except through the nozzle on functioning; and smoke candles, smokepots, smoke grenades, smoke signals, signal flares, hand signal devices, and Very signal cartridges designed to produce visible effects for signal purposes containing smoke compositions and no bursting charges.

[Signatories and Ratifications]

 

For the full text of this treaty, go here:

http://www.oas.org/juridico/English/t…

HIGH-RANKING MEXICAN DRUG CARTEL MEMBER MAKES EXPLOSIVE ALLEGATION: ‘FAST AND FURIOUS’ IS NOT WHAT YOU THINK IT IS

by Jason Howerton

A high-ranking Mexican drug cartel operative currently in U.S. custody is making startling allegations that the failed federal gun-walking operation known as “Fast and Furious” isn’t what you think it is.

It wasn’t about tracking guns, it was about supplying them — all part of an elaborate agreement between the U.S. government and Mexico’s powerful Sinaloa Cartel to take down rival cartels.

The explosive allegations are being made by Jesus Vicente Zambada-Niebla, known as the Sinaloa Cartel’s “logistics coordinator.” He was extradited to the Chicago last year to face federal drug charges.

Sinaloa Cartel Operative Jesus Vincente Zambada Niebla Makes Explosive Allegation About Operation Fast and Furious

Jesus Vincente Zambada-Niebla (Source: MSNBC)

Zambada-Niebla claims that under a “divide and conquer” strategy, the U.S. helped finance and arm the Sinaloa Cartel through Operation Fast and Furious in exchange for information that allowed the DEA, U.S. Immigration and Customs Enforcement (ICE) and other federal agencies to take down rival drug cartels. The Sinaloa Cartel was allegedly permitted to traffic massive amounts of drugs across the U.S. border from 2004 to 2009 — during both Fast and Furious and Bush-era gunrunning operations — as long as the intel kept coming.

This pending court case against Zambada-Niebla is being closely monitored by some members of Congress, who expect potential legal ramifications if any of his claims are substantiated. The trial was delayed but is now scheduled to begin on Oct. 9.

Zambada-Niebla is reportedly a close associate of Sinaloa Cartel kingpin Joaquin “El Chapo” Guzman and the son of Ismael “Mayo” Zambada-Garcia, both of which remain fugitives, likely because of the deal made with the DEA, federal court documents allege.

Based on the alleged agreement  ”the Sinaloa Cartel under the leadership of defendant’s father, Ismael Zambada-Niebla and ‘Chapo’ Guzman, were given carte blanche to continue to smuggle tons of illicit drugs into Chicago and the rest of the United States and were also protected by the United States government from arrest and prosecution in return for providing information against rival cartels which helped Mexican and United States authorities capture or kill thousands of rival cartel members,” states a motion for discovery filed in U.S. District Court by Zambada-Niebla’s attorney in July 2011.

A source in Congress, who spoke to TheBlaze on the condition of anonymity, said that some top congressional investigators have been keeping “one eye on the case.”  Another two members of Congress, both lead Fast and Furious Congressional investigators, told TheBlaze they had never even heard of the case.

One of the Congressmen, who also spoke to TheBlaze on the condition of anonymity because criminal proceedings are still ongoing, called the allegations “disturbing.” He said Congress will likely get involved once Zambada-Niebla’s trial has concluded if any compelling information surfaces.

“Congress won’t get involved in really any criminal case until the trial is over and the smoke has cleared,” he added. “If the allegations prove to hold any truth, there will be some serious legal ramifications.”

Earlier this month, two men in Texas were sentenced to 70 and 80 months in prison after pleading guilty to attempting to export 147 assault rifles and thousands of rounds of ammunition to Mexico’s Los Zetas cartel. Compare that to the roughly 2,000 firearms reportedly “walked” in Fast and Furious, which were used in the murders of hundreds of Mexican citizens and U.S. Border Agent Brian Terry, and some U.S. officials could potentially face jail time if they knowingly armed the Sinaloa Cartel and allowed guns to cross into Mexico.

If proven in court, such an agreement between U.S. law enforcement agencies and a Mexican cartel could potentially mar both the Bush and Obama administrations. The federal government is denying all of Zambada-Niebla’s allegations and contend that no official immunity deal was agreed upon.

To be sure, Zambada-Niebla is a member of one of the most ruthless drug gangs in all of Mexico, so there is a chance that he is saying whatever it takes to reduce his sentence, which will likely be hefty. However, Congress and the media have a duty to prove without a reasonable doubt that there is no truth in his allegations. So far, that has not been achieved.

Zambada-Niebla was reportedly responsible for coordinating all of the Sinaloa Cartel’s multi-ton drug shipments from Central and South American countries, through Mexico, and into the United States. To accomplish this, he used every tool at his disposal: Boeing 747 cargo planes, narco-submarines, container ships, speed boats, fishing vessels, buses, rail cars, tractor trailers and automobiles. But Guzman and Zambada-Niebla’s overwhelming success within the Sinaloa Cartel was largely due to the arrests and dismantling of many of their competitors and their booming businesses in the U.S. from 2004 to 2009 — around the same time ATF’s gun-walking operations were in full swing. Fast and Furious reportedly began in 2009 and continued into early 2011.

According Zambada-Niebla, that was a product of the collusion between the U.S. government and the Sinaloa Cartel.

Sinaloa Cartel Operative Jesus Vincente Zambada Niebla Makes Explosive Allegation About Operation Fast and Furious

Soldiers and police officers guard packages of seized marijuana during a presentation for the media in Tijuana, Mexico. (AP Photo/Guillermo Arias)

The claims seem to fall in line with statements made last month by Guillermo Terrazas Villanueva, a spokesman for the Chihuahua state government in northern Mexico who said U.S. agencies ”don’t fight drug traffickers,“ instead ”they try to manage the drug trade.”

Also, U.S. officials have previously acknowledged working with the Sinaloa Cartel through another informant Humberto Loya-Castro. He is also allegedly a high-ranking member of the Sinaloa Cartel as well as a close confidant and lawyer of “El Chapo” Guzman.

Sinaloa Cartel Operative Jesus Vincente Zambada Niebla Makes Explosive Allegation About Operation Fast and Furious

Joaquin Guzman Loera, aka “El Chapo” (STR/AFP/Getty Images)

Loya-Castro was indicted along with Chapo and Mayo in 1995 in the Southern District of California in a massive narcotics trafficking conspiracy (Case no. 95CR0973). The case was dismissed in 2008 at the request of prosecutors after Loya became an informant for the United States government and subsequently provided information for years.

In 2005, “the CS (informant Loya-Castro) signed a cooperation agreement with the United States Attorney’s Office for the Southern District of California,” states an affidavit filed in the Zambada-Niebla case by Loya-Castro’s handler, DEA agent Manuel Castanon.

“Thereafter, I began to work with the CS. Over the years, the CS’ cooperation resulted in the seizure of several significant loads of narcotics and precursor chemicals. The CS’ cooperation also resulted in other real-time intelligence that was very useful to the United States government.”

Under the alleged agreement with U.S. agencies, “the Sinaloa Cartel, through Loya-Castro, was to provide information accumulated by Mayo, Chapo, and others, against rival Mexican Drug Trafficking Organizations to the United States government,” a motion for discovery states.

In return, the United States government allegedly agreed to dismiss the charges in the pending case against Loya-Castro (which they did), not to interfere with his drug trafficking activities and those of the Sinaloa Cartel and not actively prosecute him or the Sinaloa Cartel leadership.

Taken directly from the motion filed in federal court:

“This strategy, which he calls ‘Divide & Conquer,’ using one drug organization to help against others, is exactly what the Justice Department and its various agencies have implemented in Mexico. In this case, they entered into an agreement with the leadership of the Sinaloa Cartel through, among others, Humberto Loya-Castro, to receive their help in the United States government’s efforts to destroy other cartels.”

“Indeed, United States government agents aided the leaders of the Sinaloa Cartel.”

The government has denied this and says the deal did not go past Loya-Castro.

Zambada-Niebla was arrested by Mexican soldiers in late March of 2009 after he met with DEA agents at a Mexico City hotel in a meeting arranged by Loya-Castro, though the U.S. government was not involved in his arrest. He was extradited to Chicago to face federal drug charges on Feb. 18, 2010. He is now being held in a Michigan prison after requesting to be moved from Chicago.

“Classified Materials”

During his initial court proceedings, Zambada-Niebla continually stated that he was granted full immunity by the DEA in exchange for his cooperation. The agency, however, argues that an “official” immunity deal was never established though they admit he may have acted as an informant.

Zambada-Niebla and his legal council also requested records about Operation Fast and Furious, which permitted weapons purchased in the United States to be illegally smuggled into Mexico, sometimes by paid U.S. informants and cartel leaders. Their request was denied. From the defense motion:

“It is estimated that approximately 3,000 people were killed in Mexico as a result of ‘Operation Fast and Furious,’ including law enforcement officers in the state of Sinaloa, Mexico, the headquarters of the Sinaloa cartel. The Department of Justice’s leadership apparently saw this as an ingenious way of combating drug cartel activities.”

“It has recently been disclosed that in addition to the above-referenced problems with ‘Operation Fast & Furious,’ the DOJ, DEA, and the FBI knew that some of the people who were receiving the weapons that were being allowed to be transported to Mexico, were in fact informants working for those organizations and included some of the leaders of the cartels.”

Zambada’s attorney has filed several motions for discovery to that effect in Illinois Federal District Court, which were summarily denied by the presiding judge who claimed the defendant failed to make the case that he was actually a DEA informant.

In April, 2012, a federal judge refused to dismiss charges against him.

From a Chicago Sun Times report: “According to the government, [Zambada-Niebla] conveyed his interest and willingness to cooperate with the U.S. government, but the DEA agents told him they ‘were not authorized to meet with him, much less have substantive discussions with him,’” the judge wrote.

Sinaloa Cartel Operative Jesus Vincente Zambada Niebla Makes Explosive Allegation About Operation Fast and Furious

In this courtroom artist’s drawing Jesus Vincente Zambada-Niebla appears before U.S. District Judge Ruben Castillo Tuesday, Feb. 23, 2010, in Chicago. (AP Photo/Verna Sadock)

In their official response to Zambada-Niebla’s motion for discovery, the federal government confirmed the existence of “classified materials” regarding the case but argued they “do not support the defendant’s claim that he was promised immunity or public authority for his actions.”

Experts have expressed doubts that Zambada-Niebla had an official agreement with the U.S. government, however, agree Loya Castro probably did. Either way, the defense still wants to obtain DEA reports that detail the agency’s relationship with the Sinaloa Cartel and put the agents on the stand, under oath to testify.

The documents that detail the relationship between the federal government and the Sinaloa Cartel have still not been released or subjected to review — citing matters of national security.

(Editor’s note: The impetus for this article came from author Reed A. Williams, whose upcoming book “The Weed That Just Won’t Die” delves deeply into the Zambada-Niebla court case. Get more details on the book here.)

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Syrian peace plan DOA: battles escalate in Syria, Turkey scrambles jet fighters to Syrian border

July 1, 2012 – SYRIA – Turkey has scrambled six F-16 fighter jets near its border with Syria after Syrian helicopters came close to the border, the country’s army says. Six jets were sent to the area in response to three such incidents on Saturday, the statement said, adding that there was no violation of Turkish airspace. Last month, Syrian forces shot down a Turkish jet in the border area. The incident further strained already tense relations between former allies. Turkey’s government has been outspoken in its condemnation of Syria’s response to the 16-month anti-government uprising, which has seen more than 30,000 Syrian refugees enter Turkey. On Friday, Turkey said it had begun deploying rocket launchers and anti-aircraft guns along the border in response to the downing of its F-4 Phantom jet on 22 June. The move came after Prime Minister Recep Tayyip Erdogan warned that Turkey had changed its rules of military engagement and would now treat any Syrian military approaching the border as a threat. Turkey’s military has more than 500 miles of border with Syria to defend. It has now decided to treat everything that happens on the Syrian side of the border with extreme suspicion. The scrambling of the jets is a sign of continuing tensions. A little over a week ago, Syria shot down a Turkish warplane. Syria says that the aircraft was flying inside Syrian airspace – a charge denied by Turkey. Following this incident, the Turkish government announced that it had revised its military rules of engagement towards Syria. From now on, every military element that approached the Turkish border from Syria would be considered as a threat. The military has now acted on its new rules. –BBC
Battles escalate in Syria: A plan by world powers for a Syrian political transition appeared doomed Sunday, with Bashar al-Assad’s regime interpreting the outcome as a fresh lifeline from Russia—its principal international backer—while the lack of any reference in the plan to Mr. Assad’s departure from office angered the Syrian opposition. With no sign of any commitment by Syria’s warring sides to embrace the transition plan outlined in Geneva on Saturday, many warned that violence could worsen even beyond the levels seen in June, which is now believed to have been the bloodiest month in the Syrian conflict. According to the Syrian Observatory for Human Rights, a U.K.-based opposition group, nearly 4,000 people, including members of the security forces, have been killed since May 26. At the core of the latest initiative by the international community to resolve the nearly 16-month conflict, which many now describe as a civil war, is the creation by “mutual consent” of a new transitional government that would have much of the executive powers exercised by President Assad and bring together members of the current government, the opposition and other groups, according to the communiqué issued at the end of the Geneva meeting. The meeting brought together foreign ministers from the five permanent members of the United Nations Security Council—the U.S., Britain, France, Russia and China—as well as Turkey, Iraq, Qatar and Kuwait. European Union and Arab League officials also attended. It excluded Iran—after U.S. objection to the participation of a Syrian ally seen as aiding the regime in its domestic crackdown—and Saudi Arabia, a main supporter of Syrian political and armed opposition groups. Kofi Annan, a former U.N. chief now serving as special envoy for the Syrian crisis, described the latest proposal as “a serious agreement on how we can help Syria at this grim and brutal time,” but said everything hinged on the implementation of a cease fire, the first item of an existing U.N. and Arab League-backed six-point peace plan already in tatters. “The bloodshed must end, and the parties must be prepared to put forward effective interlocutors to work with me toward a Syrian-led settlement,” Mr. Annan said at the end of the meeting. As of Sunday, there was no official reaction from the Syrian government to the idea of creating a new transitional government with significantly more powers, but state media outlets framed the result of the Geneva meeting as a victory for the regime and its ally Russia. -WSJ
More deaths: At least 83 people were killed, mostly civilians, in violence across Syria on Saturday, and hundreds more were trapped in Douma as regime forces stormed the town in Damascus province, monitors said. In the single most serious incident, mortar fire killed 30 civilians who were attending a funeral in the town of Zamalka, 10 kilometers (six miles) east of the Syrian capital of Damascus, the Syrian Observatory for Human rights said. The Observatory did not give any further details on the Zamalka incident but published two videos from people on the ground. The first showed several dozen people, mostly men waving Syrian revolutionary flags and shouting slogans as they accompanied the funeral cortege, when the picture was interrupted by an explosion. The second, which could not be confirmed as being shot at the same scene, showed people running away from a cloud of dust that gradually dissipated to show numerous bodies lying on the ground. –GMA

Border agency overextended on drone program

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The Homeland Security Department ordered so many drones it can’t keep them all flying and doesn’t have a good plan for how to use them, according to a new audit the department’s inspector general released Monday.

In a blunt assessment, investigators saidCustoms and Border Protection’s Office of Air and Marine has a fleet of nine “unmanned aircraft systems” and is awaiting a 10th — though it doesn’t have enough ground support and doesn’t have a good plan for prioritizing missions.

“CBP procured unmanned aircraft before implementing adequate plans,” the investigators said.

The Defense Department uses armed drones overseas in its war on terror, and a U.S. Navy drone crashed on Maryland’s Eastern Shore on Monday afternoon, according to the Associated Press.

American law enforcement agencies at all levels are also increasingly turning to drones for use in detecting or preventing crimes in the U.S. But they find themselves butting heads with civil libertarians who worry about intrusion into innocent citizens’ private lives.

The inspector general said given the number of aircraft, CBP should have been able to fly more than 10,000 hours of missions per year, but in the year under review the agency flew less than 4,000 hours.

Underscoring the ad hoc approach, the agency doesn’t have a dedicated budget for running drones, and has had to siphon money from other areas to keep the program afloat. Investigators said the budget woes mean future missions may have to be scrapped — yet the underfunded fleet continues to grow.

“Despite the current underutilization of unmanned aircraft, CBP received two additional aircraft in late 2011 and was awaiting delivery of a tenth aircraft in 2012,” the inspector general said.

In a statement, CBP officials said they accepted the auditor’s recommendations and will work to improve the program.

“CBP’s Unmanned Aircraft System program provides command, control, communication, intelligence, surveillance, and reconnaissance capability to support personnel and capabilities on the ground,” the agency said.

Since fiscal year 2004, when CBP conducted its first pilot study of using drones, the federal government has spent $240.6 million on the program, with each Predator B drone in the fleet costing about $14 million.

CBP uses drones to help it patrol along the country’s borders, with the agency saying they assist in looking for “potential terrorist and illegal cross-border activity.”

Drones are also stationed in Florida and Texas to help with maritime operations.

In addition to its own missions, CBP has drone missions for the Texas Rangers, the U.S. Forest Service, the FBI and the National Oceanic and Atmospheric Administration — the latter of which wanted video of dams, bridges and levees where flooding was occurring.

Investigators also said CBP, at the behest of the State Department, has held “discussions with another country on the use of unmanned aircraft.”

In its official response to the report CBP said it is trying to get the right budget in place. The agency also said it won’t expand beyond 10 drones, “unless directed to do so by a higher authority.”

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