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Counter-Narcotics Law - Official Gazette No. 875, published 2006/02/04 (1384/11/15 A.P.)




COUNTER NARCOTICS LAW



17 December 2005


CHAPTER I

General Provisions


Article 1:

Basis


This Law is enacted pursuant to Article 7 of the Constitution of Afghanistan in order to prevent the cultivation of opium poppy, cannabis plants, and coca bush and the trafficking of narcotic drugs, and to control psychotropic substances, chemical precursors, and equipment used in manufacturing, producing, or processing of narcotic drugs and psychotropic substances.


Article 2:

Objectives


The objectives of this Law are:


  1. To prevent the cultivation of opium poppy, cannabis plants, and coca bush, and prescribe penalties for persons engaging in these activities.
  2. To regulate and control narcotic drugs, psychotropic substances, chemical precursors, and substances and equipment used in the manufacture, production, or processing of narcotic drugs and psychotropic substances in order to prevent their use for illicit purposes and to ensure their use for medical, scientific, research and industrial purposes in accordance with the provisions of the law.
  3. To prevent, and prescribe penalties for persons engaging in, the cultivation, production, processing, acquisition, possession, distribution, manufacture, trade, brokering, importation, exportation, transportation, offering, use, storage, and concealment of narcotic drugs and psychotropic substances, and of the chemical precursors, other illicit substances, and equipment used for these illicit activities.
  4. To coordinate, monitor, and evaluate the Government of the Islamic Republic of Afghanistan’s counter narcotics activities, policies, and programs.
  5. To encourage farmers to cultivate licit crops instead of opium poppy, coca bush, and cannabis plants.
  6. To establish detoxification, treatment, rehabilitation, and harm reduction services for drug-addicted and drug dependent persons in order to reintegrate them into society.
  7. To attract the cooperation and assistance of national and international organizations in the task of combating cultivation, trafficking and use of narcotic drugs, psychotropic substances, and the chemical precursors used in their production, manufacturing, and processing.


ARTICLE 3:

Definitions


1) "Drug" means a plant, substance or preparation classified as such in the Tables annexed to this law.


2) “Analogue” means any substance which is not included in any of the Tables annexed to this law but whose chemical structure is similar to that of a substance included in the Tables annexed to this law, whose psychoactive effects it mimics.


3) “Controlled delivery” means the technique of allowing illicit or suspect consignments of prohibited items, including drugs, precursors, analogues or substances substituted for them, equipment of clandestine laboratories, or laundered money to pass or move into, through, or within the national territory of Afghanistan or one or more countries, with the knowledge and under the supervision of the competent law enforcement authorities, in efforts to identify persons and investigate and establish proof of criminal offenses.


4) “Dependence” means the compulsive taking of a drug by a person, where the interruption of that practice gives rise to psychological and even physical disorders, which leads the person to continue using the drug.


5) “Detoxification treatment” means treatment intended to eliminate physical dependence on a drug.


6) “Drug abuse” and “illicit drug use” mean the use of any regulated drug without a medical prescription for non-scientific and non-medical purposes.


7) “Drug addict” means a person in a state of physical and/or psychic dependence on a drug.


8) “Industrial use” (of a drug) means use exclusively in a manufacturing process.


9) “Medical prescription” means a written document signed by a physician or duly authorized person ordering medical treatment for the benefit of an identified patient and authorizing the dispensing by a pharmacist to that person of a specific quantity of controlled drugs.


10) “Medical use” means the consumption or use, under a medical prescription and in accordance with international conventions, of drugs controlled by this law.


11) “Money-laundering” means the same as defined under article 3 of the Law against Money-Laundering and Criminal Proceeds published in the Official Gazette No. 840 on 10.08.1383,


12) “Precursor” means a substance used in drug manufacture or processing and classified as such under Table IV of this law.


13) “Psychotropic substance” means a drug in one of the Tables annexed to the 1971 Convention on Psychotropic Substances.


14) "Regulated drugs" are defined as all plants and substances, including their chemical derivatives, and chemical precursors that are listed in Tables 1 - 4, derived from the United Nations International Conventions on Drugs, attached to this law.


15) "Mixture" or "Compound" means any preparation that contains any detectable amount of a controlled or regulated drug substance under this law.


16) "Covert Operations" means the investigation of criminal offences by law enforcement agencies’ use of methods that include surveillance, the use of informants, undercover operations and the exchange of intelligence with appropriate law enforcement agencies or other organisations.


17) "Vehicle" means any mode of transportation used in drug-trafficking [?!!!].
 
18) "Undercover Operations" means operations carried out by the secret police in which the officers' identities are concealed from third parties by the use of an alias and false identity so as to enable the infiltration of existing criminal groups in order to arrest suspected criminals. 
 
19) "Surveillance" means the covert watching of a person or group of persons or the covert listening to a person or group of persons over a period of time by unaided human watching or listening or through the use of technical devices.
 
20) "Intrusive or Electronic Surveillance" means surveillance authorized by a competent court in accordance with the provisions of law that is:


·       conducted in private places using human or technical means;

·       the interception of communications;

·       the opening of mail; and,

·       the inspection of bank accounts and records of other financial activity.


21) "Conspiracy" or “Complicity” means the same as defined under article 49 of the 1355 Penal Code published in the Official Gazette No. 347.


22) "Possession" means the ability to exert control over an object, including cases where a person is not in physical contact with the object, but has the power to exercise control over it, either directly or through others.


23) "Distribution" is the transfer or attempted transfer of possession from one person to another.


24) "Aid" or "abet" means the same as defined under article 39 of the 1355 Penal Code published in the Official Gazette No. 347.


25) "Attempt" means the same as defined under article 29 of the 1355 Penal Code published in the Official Gazette No. 347.


26) "Public official" shall mean any officer, employee, or person acting for, on behalf, or under the authority of a government agency.


27) "Official act" shall mean any decision or action on any matter, controversy, or legal proceeding by a public official.


28) "Bribe" shall mean corruptly giving, offering, or promising anything of value to any person or entity, directly or indirectly, with the purpose of:


29) "Weapon" means any object or explosive that is capable of inflicting personal injury and/or destruction, or can cause death.


CHAPTER II

Classification and regulation of narcotic drugs, psychotropic substances, and chemicals used in the manufacture, production, or processing of narcotic drugs and psychotropic substances


Article 4:

Classification and Regulation of Narcotic Drugs


  1. For purposes of this law, regulated drugs are defined as all plants and substances that are listed in Tables 1-3, including their chemical derivatives, and all chemical precursors that are listed in Table 4 of the Tables attached hereto. The regulated drugs covered by this law shall be classified in four tables:

Article 5:

Drug Regulation Committee


  1. A Drug Regulation Committee is hereby established which shall be composed of five members as follows:
    1. One medical and one pharmaceutical expert from the Ministry of Public Health;
    2. Two experts from the Ministry of Counter-Narcotics;
    3. One customs expert from the Ministry of Finance.
  2. Members of the Drug Regulation Committee in paragraph 1 shall be appointed by their respective ministries for a period of four years. The Chairperson of the Drug Regulation Committee shall be appointed by the Minister of Counter-Narcotics from among its members.
  3. Decisions and regulations of the Drug Regulation Committee shall be made by a majority of its members and shall be recorded in a special book.
  4. In case any member of the Drug Regulation Committee fails to carry out his/her duties in a satisfactory fashion, he/she can be removed by the Minister of Counter-Narcotics.
  5. The administrative costs of the Drug Regulation Committee and those of its secretariat shall be funded directly from the appropriations of the Ministry of Counter Narcotics. Members of the Drug Regulation Committee shall be paid appropriate attendance fees by the Ministry of Counter-Narcotics.

6) The Drug Regulation Committee shall prepare one quarterly and one annual report to the Minister of Counter Narcotics on its activities. The Minister may direct the Drug Regulation Committee to provide the necessary information in accordance with this Law and relevant regulations.


7) The Drug Regulation Committee will hereinafter be called the Committee.


Article 6:

Duties of the Committee


  1. The classifications of the regulated drugs in Tables 1 though 4 shall be established and amended, in particular by new inclusions, deletions, or transfers from one Table to another, by the Committee, taking into account any amendments or additions ordered by the United Nations Commission on Narcotic Drugs. Plants and substances shall be included under their international non-proprietary name or, failing this, under their commercial, scientific, or common name.
  2. The Committee may not include an internationally controlled substance in a Table subject to a regime less strict than that required under the United Nations Conventions for the substance in question.
  3. The Committee shall not transfer any substance in Table 1 to Table 2 or 3, except as provided in paragraph 1 of this Article.
  4. Inclusions, deletions or transfers from one Table to another in accordance with paragraphs 1, 2, and 3 above shall be valid when they are published in the official gazette.
  5. Except as otherwise provided by this law, a preparation, compound, or mixture of any regulated drug shall be subject to the same regulations, prohibitions, and penalties as the regulated drug which it contains, and if it contains two or more regulated drugs shall be subject to the conditions governing the most strictly controlled regulated drug that it contains.
  6. A preparation, compound, or mixture containing a substance listed in Tables 2, 3 or 4 that is compounded in such a way as to present no, or a negligible, risk of abuse or diversion and from which the substance cannot be recovered by readily applicable means in a quantity liable to illicit use, abuse, or diversion may be exempt from certain of the control measures set forth in this law by decision of the Committee.
  7. The substances listed in Tables 2 and 3 and their preparations shall, when they give rise to a medical use, be subject to the provisions applicable to all substances and preparations intended for use in human or veterinary medicine to the extent that such provisions are compatible with those established in this law.

CHAPTER III

Licensing, Cultivation, Production, Manufacture, Trading, Distribution, And Use of Plants, Substances and Preparations Listed in Tables 1, 2, 3, and 4


Article 7:
License


  1. No person shall cultivate, produce, process, manufacture, trade, distribute, possess, supply, traffic, transport, transfer, acquire, purchase, sell, import, export, or transit, plants, substances and preparations listed in Tables 2 and 3 into, across, or through the Afghanistan national territory, unless they have been licensed by the Committee.
  2. No person may engage in any of the operations set forth in paragraph 1 of this article at any building or on any premises not expressly identified on a license issued under this Article, or separately licensed by the Committee for use by specially designated State enterprises, or exempt from licensing under this law.
  3. The Committee may issue a license to cultivate, manufacture, distribute (including dispense), import or export one or more of the plants, substances and preparations listed in Tables 1, 2 and 3 at the building or on the premises identified in the license. Such a license shall permit any of the operations set forth in the first paragraph of this article that are necessarily involved in the licensed activity.
  4. A license to engage in the operations set forth in paragraph 1 of this article may be issued only if the use of the plants, substances and preparations in question is restricted to medical or scientific purposes and shall be valid for one year. Licensing shall be subject to verification of the character and professional qualifications of the applicant. A license may not be granted to any person convicted of a narcotics or money laundering offense.
  5. The industrial production and use of a substance listed in Tables 1, 2 or 3 for other than medical or scientific purposes may be authorized by the Committee if the applicant satisfactorily shows that such production or use is necessary to a particular industrial process, he can ensure that the products manufactured, other than another regulated drug subject to this Law, cannot be abused or produce harmful effects, and he can ensure that any regulated drug subject to this authorization and used in the composition of the products manufactured cannot be easily recovered, provided that the person or entity so authorized destroys all quantities of the regulated drug subject to this authorization that cannot be rendered harmless or sufficiently irretrievable and reports to the Committee the quantity of the regulated drug produced, used or destroyed.
  6. The identification or licensing of a building or premises to be used for the manufacture, distribution (including dispensing), importation or exportation of regulated drugs, as described in the third and seventh paragraphs of this Article, shall be subject to verification that the building or premises complies with the security standards established by the Committee.
  7. State enterprises specially designated by the Committee to engage in the operations set forth in paragraph 1 of this article shall be required to apply for a license to use buildings and premises for such operations, and the Committee may issue such license in accordance with the requirements of paragraph 6 of this Article.
  8. The Committee may issue regulations for the implementation of this Article, in particular those governing applications for and the granting, content, scope, withdrawal and suspension of licenses.

Article 8:
Having Needed Amounts of Narcotic Drugs


  1. Each authorized regulated drug manufacturer and distributor (not including those that only dispense regulated drugs) may hold the quantities of the various regulated drugs required for the smooth functioning of business.
  2. The Committee shall establish for each year, taking into account the prevailing market conditions, the anticipated medical, scientific, research, and industrial needs for the regulated drugs in Tables 1, 2 and 3, and the anticipated lawful exports of such regulated drugs, the maximum quantities of these regulated drugs that shall be manufactured and the maximum quantities that each licensee and each specially designated State enterprise shall be entitled to manufacture. These limits may be changed during the year if necessary.
  3. The Committee may establish and publish regulations for the implementation of this Article.

Article 9:

Exports and imports


  1. Each export and import of substances on Tables 1, 2 and 3 shall be subject to separate authorization issued by the Committee.
  2. This authorization shall be subject to the completion of a form which includes the requirements established by the Committee and the United Nations Economic and Social Council.
  3. The Committee may authorize an importation of a substance listed in Tables1, 2, or 3 only to meet legitimate medical, scientific, and industrial needs. The import authorization shall not be necessary in the event of a catastrophe or an emergency as determined by the Committee, but the importer shall maintain a record of the importation as prescribed by the Committee.
  4. The Committee may authorize an exportation of a substance listed on Tables 1, 2, or 3 only to a country that maintains effective controls over the use of the regulated drug and only if the regulated drug is to be used for medical, scientific, or other legitimate purposes.
  5. An authorization for the importation or exportation of a substance listed on Tables 1, 2, or 3 shall not be transferable.
  6. An application for an authorization for an import or export of a substance listed on Tables 1, 2, or 3 shall indicate the following:
    1. The name and address of the importer or exporter;
    2. The names and addresses of any consignee, if known;
    3. The international non-proprietary name of each substance or, failing this, the name of the substance in the tables of the international conventions;
    4. The pharmaceutical form and characteristics of each substance and, in the case of a preparation, its trade name;
    5. The quantity of each substance and preparation involved in the operation;
    6. The period during which the operation is to take place;
    7. The mode of transport or shipment to be used; and
    8. The border-crossing point on the national territory.
  7. An import certificate issued by the Government of the importing country or territory, or other documentation demonstrating that the importation is authorized, shall be attached to the export application.
  8. An import or export authorization shall contain the same types of details as the application regarding the operation that it permits and an expiration date and shall indicate the name of the issuing authority.
  9. The import authorization shall specify whether the import is to be effected in a single consignment or may be effected in more than one consignment, and shall establish the time in which the import of all consignments must be effected.
  10. The export authorization shall also indicate the number and date of the import certificate issued by the Government of the importing country;
  11. A copy of the export authorization shall accompany each consignment and the Committee shall send a copy to the Government of the importing country.
  12. If the quantity of plants, substances or preparations actually exported is smaller than that specified in the export authorization, as determined by the customs office, the Committee shall note that fact on the document and on all official copies thereof.
  13. Once the consignment has entered the national territory or when the period stipulated in the import authorization has expired, the Committee shall send the export authorization to the Government of the exporting country, with an endorsement specifying the quantity of each regulated drug actually imported.
  14. Commercial documents such as invoices, cargo manifests, customs or transport documents and other shipping documents shall include the name of the plants and substances as set out in the tables of the international conventions and the trade name of the preparations, the quantities exported from the national territory or to be imported into it, and the names and addresses of the exporter, the importer and the consignee.
  15. Exports from the national territory of consignments to the address or account of a person other than the person named in the import certificate issued by the Government of the importing country or in other documentation demonstrating authorization for the import into that country shall be prohibited. This same provision shall apply to the importation of consignments into the national territory.
  16. Exports from the national territory of consignments to a bonded warehouse shall be prohibited unless the Government of the importing country certifies on the import certificate or other authorization that it has approved such a consignment.
  17. Imports to the national territory of consignments to a bonded warehouse shall be prohibited unless [the Committee] certifies on the import certificate that it approves such a consignment. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse. In the case of a consignment to a foreign destination, such withdrawal shall be treated as if it were a new export within the meaning of the present Article. The regulated drugs stored in the bonded warehouse may not be subjected to any process, which would modify their nature, nor may their packaging be altered without the permission of the authorities having jurisdiction over the warehouse.
  18. A consignment entering or leaving the national territory which is not accompanied by a proper import or export authorization or does not comply with the authorization shall be detained by the competent authorities until the legitimacy of the consignment is established or until a court rules on its status.
  19. The Committee shall specify those customs offices operating in the national territory that are to deal with the import or export of the regulated drugs listed in Tables 1, 2 and 3.
  20. The transit of any consignment of plants, substances or preparations listed in Tables 1, 2 and 3 through the national territory shall be prohibited, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization issued by the Government of the exporting country for such consignment is produced to the department designated by the Committee
  21. Any rerouting of a consignment in transit through the national territory shall be prohibited.
  22. An application for authorization to change the itinerary or the consignee shall be treated as if the export in question were from the national territory to the new country or consignee concerned.
  23. No consignment of plants, substances and preparations in transit through the national territory may be subjected to any process that might change their nature, nor may its packaging be altered without the permission of the Committee.
  24. The provisions of this article shall be without prejudice to the provisions of any international agreements signed by the Islamic Republic of Afghanistan.
  25. The provisions of this article shall not apply where the consignment in question is transported by air to another country. If the aircraft stops over or makes an emergency landing in the national territory, the consignment shall be treated as an export from the national territory to the country of destination only if it is removed from the aircraft.
  26. As far as the exportation or importation of plants, substances, or preparations listed in Tables 1, 2 and 3 is concerned, free ports and free trade zones shall be subject to the same controls and supervision as other parts of the national territory.
  27. Transport companies and enterprises shall abide by the regulations of the Committee with regard to taking reasonable measures to prevent the use of their means of transport for illicit trafficking in the regulated drugs covered by the present law, and shall also be required:

Article 10:

Retail Trade And Distribution


  1. Purchases of regulated drugs listed in Tables 2 and 3 for the purpose of professional supply may be made only from a private individual or state enterprise holding a license issued under this law.
  2. Only the following individuals and state entities may, without having to apply for a license, purchase and hold regulated drugs listed in Tables 2 and 3 for their professional needs:
  3. Physicians, dental surgeons, and veterinary surgeons holding a license to practice may, without having to apply for a license, purchase and hold the needed quantities of preparations included in a list drawn up by the Committee.
  4. Dental surgeons, midwives, and nurses holding a license to practice may, without having to apply for a license, purchase and hold for their professional activities quantities of preparations included in a list drawn up by the Committee.
  5. The regulated drugs listed in Tables 2 and 3 may be prescribed to individuals and animals only in the form of pharmaceutical preparations and only on a medical prescription issued by:
  6. Pharmaceutical preparations listed in Tables 2 and 3 may be dispensed only by:
  7. The Committee, if the situation so requires and under such conditions as it may determine, may authorize, in all or part of the national territory, licensed pharmacists or any other licensed retail distributors to supply, without prescription, small quantities of therapeutic doses of pharmaceutical preparations containing one or more of the regulated drugs listed in Table 3.
  8. The Committee shall establish regulations for the implementation of this Article, in particular the rules concerning the writing and filling of prescriptions for pharmaceutical preparations listed in Tables 2 and 3.

Article 11:

Private enterprises and state enterprises


  1. Private enterprises and State enterprises holding a license to engage in operations involving the regulated drugs shall furnish to the Committee in respect of their activities:
  2. Orders placed for plants, substances and preparations listed in Tables 2, 3, and 4 required for the conduct of professional activities shall be subject to regulations established by the Committee.
  3. Any purchase, transfer, export, import or dispensing of plants, substances and preparations listed in Table 2 shall be recorded in accordance with regulations established by the Committee.
  4. Any person, private enterprise, or state enterprise holding, for professional purposes, any plants, substances and preparations listed in Tables 2, 3, and 4 shall be required to keep them under regulations established by the Committee so as to prevent theft or any other form of diversion.
  5. Any person, private enterprise, State enterprise, medical institution or scientific institution engaging in any activity or operation involving plants, substances or preparations covered by the present law shall be controlled and monitored by regulations established by the Committee. Such control and monitoring shall extend to the compartments containing first-aid kits of public transport conveyances engaged in international travel. The Committee shall, in particular, arrange for inspectors or any other body legally empowered to conduct inspections to make ordinary inspections of the establishments, premises, stocks and records at least once every two years and extraordinary inspections at any time.


Article 12:

Monitoring and Control


  1. State enterprises, private enterprises, medical and scientific institutions and other persons referred to in Article 11 shall be required, at the beginning of each year, to make an inventory of the plants, substances and preparations listed in Tables 1, 2 and 3 held by them and to compare the total quantities in stock at the time of the previous inventory, calculated together with those entered over the previous year and the total quantities withdrawn during the year, with those held at the time of the latest inventory.
  2. Licensees, pharmacists and persons authorized to dispense drugs through wholesale pharmacies or drugstores shall be required to make an inventory and calculate the balance as stipulated in paragraph 1 of this article.
  3. Any discrepancies noted in a balance or between the results of the balance and those of the inventory shall be immediately reported by the licensee, pharmacist or person authorized to dispense drugs to the Committee, which shall acknowledge receipt of the notification.
  4. It shall be forbidden to circulate substances and preparations listed in Tables 2 and 3 unless they are enclosed in wrappers or containers bearing their name and, in the case of consignments of substances and preparations listed in Table 2, a double red band.
  5. The outer wrappings of parcels described in paragraph 4 shall bear no information other than the names and addresses of the sender and the consignee. They shall be sealed with the sender’s mark.
  6. The label under which a preparation is offered for sale shall indicate the names of the substances listed in Tables 1, 2 and 3 that it contains, together with their weight and percentage.
  7. Labels accompanying packages for retail sale or distribution as described in paragraph 4 shall indicate the directions for use as well as the cautions and warnings necessary for the safety of the user.
  8. If necessary, additional requirements in respect of packaging and labeling shall be stipulated by regulations established by the Committee.

Article 13:

Regulation Of Substances (Precursors) In Table 4


  1. The manufacture, wholesale distribution or trading of the substances listed in Table 4 shall be subject to the provisions of this article.
  2. Import or export authorizations shall be refused if a consignment is possibly [?!!!] intended for the illicit manufacture of narcotic drugs or psychotropic substances.
  3. Export or import consignments of substances listed on Table 4 annexed to this law shall be clearly labeled to show their contents.
  4. Any person who in the course of his functions becomes aware of the economic, industrial, trade or professional secrets or trade processes of the substances listed on Table 4 annexed to this law shall be required to avoid disclosing the same to other people.
  5. Manufacturers, importers, exporters, wholesalers and retailers shall be required to enter in a register established by the Committee any purchase or transfer of substances listed in Table 4. The entry shall be made with no blank spaces, erasures or overwriting. It shall indicate the date of the operation, the name and the quantity of the product purchased or transferred and the name, address and occupation of the purchaser and seller. However, retailers shall not be required to enter the name of the purchaser. The registers shall be kept for ten years pursuant to regulations established by the Committee.
  6. Manufacturers, importers, exporters, wholesalers and retailers of the substances listed in Table 4 shall be required to inform the appropriate police authority of any orders or transactions that appear suspicious, in particular by reason of the quantity of the substances being purchased or ordered, the repetition of such orders or purchases or the means of payment or transport used.
  7. If there is strong evidence to warrant the suspicion that a substance listed in Table 4 is for use in the illicit manufacture of a narcotic drug, such substance shall be immediately seized pending the outcome of a judicial investigation.
  8. The Committee shall submit to the Minister of Counter-Narcotics information on the import and export of precursor substances as defined in Table 4.

Article 14:

Medical And Scientific Research And Teaching


  1. For purposes of medical or scientific research, teaching or forensic work, the Committee may authorize, without requiring the licenses referred to in this Chapter, an individual to produce, manufacture, acquire, import, use or hold plants, substances and preparations in Tables 1, 2 and 3 in quantities not exceeding those strictly necessary for the purpose in question.
  2. The beneficiary of the authorization in paragraph 1 of this article shall enter in a register, which he shall keep for 5 years, the quantities of plants, substances and preparations that he imports, acquires, manufactures, uses, and destroys. He shall also record the dates of the operations and the names of his suppliers. He shall furnish the Committee with an annual report on the quantities used or destroyed and those held in stock. The Committee shall be entitled to inspect registers maintained in accordance with this provision.


Chapter IV

Offenses and Penalties


Article 15:
Drug Trafficking Offenses and Penalties


  1. Any person engaging in the following acts without a license or authorization issued according to the provisions of this law has committed a drug trafficking offense and shall be punished in accordance with the provisions of this law:


Article 16:
Drug Trafficking Sentences


  1. Whoever commits a drug trafficking offense involving the following quantities of heroin, morphine, or cocaine, or any mixture containing those substances, shall be sentenced as follows:

  1. Whoever commits a drug trafficking offense involving the following quantities of opium or any mixture containing that substance shall be sentenced as follows:

  1. Whoever commits a drug trafficking offense involving the following quantities of the substances or any mixture containing substances listed in Tables 1 through 4, with the exception of heroin, morphine, cocaine, and opium, shall be sentenced as follows:
  2. Subject to imprisonment term not exceeding 20 years, any person who, during the course any of the offenses set forth in paragraphs 1, 2, and 3 of this article, directs, controls, organizes, finances, or guides three or more persons, shall be sentenced to penalties thrice as severe as the maximum penalties prescribed under the sub-paragraphs of paragraphs 1, 2, and 3 of this article.

Article 17:

Aggregation of Amounts


1. If there are several persons responsible for the commission of a drug trafficking offense, and the amounts of drugs trafficked by each of them is known, each of the offenders shall be punished under the provisions of this law pursuant to his share in the overall amount trafficked.


  1. If there are several persons responsible for the commission of a drug trafficking offense, but the share of each in the amount of drug trafficked is not known, each of them shall be sentenced to a penalty prescribed for the total amount trafficked.

Article 18:
Conspiracy, Aiding, Abetting, Facilitation, Incitement


Any person who attempts, conspires, or engages in preparatory acts to commit any offense under this law shall be subject to the same penalties as the principal.


Article 19:
Drug laboratories, manufacturing, and storage


Whoever without authorization under this law opens, maintains, manages, or controls any property, building, room, or facility, as either an owner, lessee, manager, agent, employee, or mortgagee, and intentionally rents, leases, or makes available for use, with or without compensation, such a place for the purpose of cultivating, manufacturing, processing, storing, concealing, or distributing any substance or mixture listed in Tables 1 through 4, or participates in or obtains an income from such activity, shall be sentenced to a term of imprisonment of between 10 and 20 years and a fine of between 500,000Af. and 1,000,000 Afs.


Article 20:
Importation or use of equipment for drug trafficking


  1. Whoever imports equipment or materials used in or for the production and processing of regulated drugs without having a license, shall be sentenced to imprisonment for 5 to 10 years and a fine of between 100,000 and 500,000 Afs, and shall have the equipment or materials confiscated.
  2. Whoever lawfully imports equipment or materials used in or for the production and processing of drugs but uses them in the illicit production or processing of the regulated drugs, shall be sentenced to imprisonment for 10 to 15 years and a fine of between 500,000 and 1,000,000 Afs, and shall have the equipment or materials confiscated.
  3. Whoever possesses or uses the equipment or materials referred to in paragraph 1 of this arcticle for the illicit production or processing of regulated drugs, shall be sentenced to imprisonment for 15 to 20 years and a fine of between 1,000,000 and 2,000,000 Afs, and shall have the equipment and materials confiscated.


Article 21:
Drug-related corruption and intimidation


  1. Any public official who intentionally:

shall be sentenced to imprisonment for between five and ten years, and shall be fined two times the amount of any bribe. A bribe-giver and a bribe-agent shall be sentenced to the same penalties as the bribe-taker.


  1. Any person who threatens or intimidates another for the purpose of:

shall be sentenced to imprisonment for between five and eight years, and shall be fined between 500,000 and 1,000,000 Afs.


  1. Any person who receives or accepts any benefit for the purpose of impeding or interfering with an investigation or criminal trial of a drug trafficking offense shall be sentenced to imprisonment for between five and ten years, and shall relinquish the benefit.
  2. Any person who threatens or seeks to intimidate any public official in connection with any drug trafficking offense, or an investigation or criminal trial of any drug trafficking offense, shall be sentenced to imprisonment for between five and ten years, and a fine of between 1,000,000Afs and 2,000,000 Afs.
  3. Any person who injures any public official in connection with the detection, investigation or criminal trial of any drug trafficking offense, shall be sentenced to imprisonment for 10 to 15 years, and a fine of between 1,000,000Afs and 3,000,000 Afs.
  4. Subject to the provisions of Chapter Seven of the Penal Code, the penalties set forth in paragraphs 1, 2, 3, 4, and 5 of this article shall be in addition to other penalties that an offender may be sentenced to for committing other criminal offenses.


Article 22:
Use of Weapons


  1. Any person who uses, or causes or the use of, any weapon during or in relation to any drug trafficking offense shall be punished by a term of five to ten years imprisonment, and a fine of between 500,000 Afs and 1000,000 Afs.
  2. Any person who carries or possesses any weapon, or causes another person carrying or possessing any weapon, during or in relation to any drug trafficking offense shall be punished by a term of three to five years imprisonment, and a fine of between 500,000 Afs and 1,000,000 Afs.

Article 23:

Intimidation Leading to Drug-related Offense


Any person who intentionally:


shall be sentenced to a term of imprisonment of between three and five years, and a fine of between 50,000 Afs and 200,000 Afs.


Article 24:

Illicit Prescription of Drugs


Any person who intentionally:


shall be sentenced to a term of imprisonment of between three and five years, and a fine of between 50,000 Afs and 100,000 Afs.


Article 25
Prohibition on Cultivation


Planting or cultivating opium poppy and seeds, coca bush, and cannabis plants within Afghanistan is a criminal offense and prohibited.


Article 26:
Penalties for Cultivation


  1. Whoever plants or cultivates less than 1 jerib of opium poppy or coca bush shall be sentenced to a term of imprisonment between 6 months and 1 year and a fine of between 10,000 Afs and 50,000 Afs.
  2. Whoever plants or cultivates 1 jerib or more of opium poppy or coca bush shall, for each “beswa” (100 square meters) in excess of 1 jerib, be sentenced to imprisonment for one month and fine of 5,000 Afs, which penalty shall be in addition to the penalty prescribed in paragraph 1.
  3. Whoever plants or cultivates less than 1 jerib of cannabis plants shall be sentenced to imprisonment for 3 to 9 months and a fine of between 5,000 and 20,000 Afs.
  4. Whoever plants or cultivates more than 1 jerib of cannabis plants, shall, for each beswa in excess of 1 jerib, be sentenced to imprisonment for 15 days and a fine of 2,500 Afs, which penalty shall be in addition to the penalty prescribed in paragraph 3.
  5. Whoever encourages, causes, incites, or finances any person to plant or cultivate opium poppy, coca bush, or cannabis plants shall be sentenced to the same penalties as the farmer in accordance with the provisions of paragraphs 1, 2, 3, and 4 of this article.
  6. Illicit opium poppy, coca bush, or cannabis plants shall be destroyed and any farmer or anyone associated with the cultivation or planting of the same in addition to being subject to the penalties set forth in this article, shall not be entitled to any compensation.


Article 27:
Consumption of illegal drugs, and treatment of dependant persons


  1. Any person who uses or possesses for the purpose of personal consumption any substance or mixture containing a substance listed in Tables 1 through 4, other than as authorized for medical treatment or by this law, shall be punished as follows:

(d) Possession of more than 1 gram of heroin, morphine, or cocaine, or 10 grams of opium or hashish, shall be subject to the penalties set forth in Article 16.


  1. A person may be exempt from imprisonment or fine by a court where a medical examiner demonstrates that the offender is addicted to an illegal drug substance listed in Tables 1 through 4. The court may require an addicted person to attend a detoxification or drug treatment center.
  2. Detoxification or drug treatment centers shall report to the sentencing court through the office of the prosecutor every 15 days on the health condition of persons sentenced to detention and treatment. On the basis of the report received, the court can abrogate or extend the period of detention and treatment.
  3. Any person sentenced to a period of detention in a detoxification or drug treatment center shall receive credit on any sentence of imprisonment for the time served in the treatment center.
  4. Any person in control of a vehicle while under the influence of any narcotic or psychotropic substance listed in Tables 1 through 3 shall be sentenced to a term of imprisonment of between six months and one year and a fine of 10,000 to 20,000 Afs.


Article 28:
Vehicles


  1. Whoever without legal authorization intentionally carries, transports, or conceals more than 10 grams of heroin, morphine, or cocaine; or 20 grams of opium; or 100 grams of hashish or any other substance listed in Tables 1 through 4 in his vehicle shall have the vehicle confiscated, in addition to the punishment prescribed in this law.
  2. Any vehicle owner who without legal authorization intentionally allows a vehicle to be used to carry, transport, or conceal more than 10 grams of heroin, morphine, or cocaine; or 20 grams of opium; or 100 grams of hashish or any other substance listed in Tables 1 through 4 shall be punished as an accomplice to the crime and have the vehicle confiscated.
  3. Any vehicle seized in relation to a drug-trafficking offense shall be registered and officially handed over to the nearest customs office and following the completion of its confiscation in accordance with the provisions of the relevant law, it shall be placed on sale and the proceeds be deposited to the government treasury.

Article 29:
Repeat offenders

If any person who has been convicted more than once of an offense listed in Articles 16, 18,19, 20, 21, 22, 23, 24, 25, 26, 27, or 28, of this law commits the same offense again, he shall be sentenced to the maximum penalty provided for that offense.


Article 30:
Home Leave


The provisions of Article 37 of the Law of Prisons and Detention Centers shall not apply to any person sentenced to a term of more than five years imprisonment under this law.


Article 31:
Penalty Intensification


  1. Except as provided for under this law, the penalty intensification provisions of the Penal Code shall apply to violent actions of drug-trafficking offenders.
  2. The provisions of other laws with regard to the suspension of sentences, lenient sentencing, and probation shall not apply to convicts of drug-trafficking offenses.

Article 32:

Violations


Whoever does not comply with the provisions of this law and the relevant regulation on the issuance of licenses, authorizations or reporting, and provides for the issuance of a license or an authorization knowing that it will be abused, shall be sentenced to 6 months to 1 year of imprisonment and a fine of between 50,000 and 100,000 Afs. If the person repeats the violation, he shall be sentenced to 1 to 3 years of imprisonment and a fine of between 150,000 and 350,000 Afs.


Article 33:
Commission on the Assessment of Drug-Related Offenses and Penalties


  1. With a view to studying and assessing the patterns of drug-trafficking offenses across the country, the Commission on the Assessment of Drug-Related Offenses and Penalties (hereinafter the Commission) shall be established with the following composition:
    1. One authorized representative from the Supreme Court;
    2. One authorized representative from the Office of the Attorney General;
    3. One authorized representative from the Ministry of Counter-Narcotics;
    4. One authorized representative from the Ministry of Interior;
    5. One authorized representative from the Ministry of Public Health;
    6. One authorized representative form the General Directorate for National Security;
    7. One defense lawyer appointed by the Minister of Justice.

Members of the Commission shall be appointed for a period of four years and shall elect one from among themselves as Chairperson for a two-year term.


  1. The Commission shall have the following duties and authorities:
    1. Studying and assessing the patterns of drug-trafficking offenses in the country and collecting the relevant data;
    2. Preparing proposals on the amendment of the provisions of this law on drug-related offenses and penalties on the basis of the data collected on the offenses and presenting the same, through the Ministry of Counter-Narcotics, to the Government within 60 days of their development;
    3. Recording drug-trafficking offenses occurred;
    4. Preparing an annual report on drug-trafficking offenses and presenting it to the Government;
    5. Holding hearing sessions for considering possible changes in the penalties prescribed for drug-related offenses;
  2. The administrative costs of the Commission and its secretariat shall be funded from the appropriations of the Ministry of Counter-Narcotics, which Ministry shall also pay an appropriate salary for the defense lawyer and appropriate attendance fees for other members of the Commission.
  3. Citizens of Afghanistan may freely file their complaints on drug-related offenses with the Commission. Adjudicating complaints, holding meetings and other activities of the Commission shall be regulated through procedures adopted by the Commission.
  4. Any amendment proposed by the Commission shall be presented to the National Assembly following its approval by the Government.

CHAPTER V

Adjudication of drug-related offenses


Article 34:
Narcotics Tribunals


  1. In accordance with the provisions of Articles 32 and 50 of the Law Concerning the Organization and Jurisdiction of Courts of the Islamic Republic of Afghanistan’s Judiciary, a Narcotics Tribunal within the Kabul Primary Provincial Court and a Narcotics Tribunal within the Kabul Appellate Provincial Court are hereby established.
  2. Each of the tribunals set forth in paragraph 1 of this article shall be composed of one director and xix members.
  3. The directors of the tribunals shall be responsible for leading and managing the affairs of their respective tribunals and shall preside over judicial proceedings in conformity with the provisions of Articles 37 and 43 of the Law Concerning the Organization and Jurisdiction of Courts of the Islamic Republic of Afghanistan.
  4. The tribunals set forth in paragraph 1 of this article shall exercise exclusive jurisdiction throughout Afghanistan over drug trafficking offenses involving:
  5. Dealing with drug trafficking offenses involving amounts of prohibited substances less than those set forth in paragraph 4 shall be the jurisdiction of Public Security Tribunals of Provincial Courts.
  6. Adjudicating on drug-related offenses shall by in conformity with the provisions of the Law Concerning the Organization and Jurisdiction of Courts of the Islamic Republic of Afghanistan’ Judiciary and other relevant laws.
  7. The appointment of the Judges of the Central Narcotics Tribunals and other related affairs shall be conducted in conformance with the procedures set forth in the Law Concerning the Organization and Jurisdiction of Courts of the Islamic Republic of Afghanistan’ Judiciary.
  8. The amounts and types of narcotic drugs set forth in paragraph 4 over which the Narcotics Tribunals shall exercise exclusive jurisdiction throughout Afghanistan shall be subject to amendment in accordance with the procedures set forth in Article 33.
  9. The Central Narcotics Tribunal shall exercise jurisdiction over criminal offenses connected or related to drug trafficking offenses set forth in sub-paragraphs 1, 2, and 3 of paragraph 4 of this article.

Article 35:

Investigation, Prosecution, and Trial


Investigation, prosecution, and the trial of persons involved in, drug-trafficking offenses shall be carried out in accordance with the provisions of the Criminal Procedure Code and other relevant laws, and the penalties shall be prescribed in accordance with the provisions of this law. In case this law lacks the required provisions to decide on a penalty, the provisions of the Penal Code shall apply.


Article 36:
Special Counter Narcotics Saranwali


  1. The Office of the Attorney General shall create a Special Counter Narcotics Saranwali within its office to investigate and prosecute the offenses under this law.
  2. The Special Counter Narcotics Saranwali shall have exclusive jurisdiction over investigation and judicial prosecution of drug-trafficking offenses under paragraph 1 of article 34 of this law.
  3. The investigation and prosecution of drug-trafficking offenses involving amounts of drugs less than those set forth in paragraph 4 of article 34 of this law shall be the jurisdiction of other relevant Saranwalis in accordance with the provisions of law.
  4. The appointment of the prosecutors and the handling of other related affairs shall be carried out in accordance with the provisions of the law.

Article 37:
Responsibility for Counter Narcotics Police


  1. The Counter Narcotics Police of Afghanistan and other security authorities referred to in paragraph 2 of this article shall be responsible for detecting drug trafficking offenses in Afghanistan.
  2. The following law enforcement agencies may lawfully seize illegal drugs, proceeds, and related materials and equipment:
  3. All seizures of illegal drug substances, evidence, and proceeds by any of the law enforcement agencies referred to in paragraph 2 of this article shall be reported immediately to the Counter Narcotics Police, which shall transmit the report as soon as practicable to the National Headquarters of the Counter Narcotics Police, the Ministry of Counter Narcotics, and the Office of the Attorney General, and the Commission on the Assessment of Drug-Related Offenses and Penalties.
  4. All seizures of illegal drug substances, evidence, and proceeds by any law enforcement authorities referred to in paragraph 2 of this article shall be turned over to the Counter Narcotics Police as soon as practicable.
  5. Law enforcement agencies referred to in paragraph 2 of this article shall, at the request of Counter Narcotics Police, provide additional security to protect seized drugs, evidence, proceeds, and suspects.
  6. The Counter Narcotics Police shall have the authority to question and interrogate all the perpetrators of the drug-trafficking offenses under this law.
  7. The Counter Narcotics Police of Afghanistan shall refer perpetrators of the offenses under paragraph 4 of article 34 of this law to the Special Count Narcotics Saranwali for investigation and judicial prosecution. If the amount of drugs seized is less than those set under paragraph 4 of article 34 of this law, the respective cases shall be referred to the concerned Saranwalis for investigation and judicial prosecution.
  8. If the amount of drugs seized is less than those set under paragraph 4 of article 34 of this law, the law enforcement agencies named under paragraph 2 of this article shall complete the questioning and interrogation of the suspects within 72 hours and refer the concerned cases to the respective Saranwalis for investigation and judicial prosecution.
  9. In cases where a seizure of quantities of narcotic drugs as set under paragraph 4 of article 34 of this law is made outside Kabul Province and the offenders are arrested, the law enforcement agencies referred to in paragraph 2 of this article shall have up to, but not longer than, 72 hours from the time of arrest to prepare a report of the arrest and turn the accused over to the Primary Saranwali. As soon as possible, but not longer than 15 days after the arrest, the Counter Narcotics Police shall transfer the investigation, the evidence, and the accused to the Headquarters of Counter Narcotics Police in Kabul for further questioning and interrogation. The time period for the questioning and interrogation of the accused shall begin upon the date the accused physically arrives in Kabul in the custody of the Counter Narcotics Police, but the time period for the turning over of the accused to the Special Counter Narcotics Saranwali shall in no event exceed 15 days from the date of arrest. Upon notification, the Special Narcotics Saranwali shall inform the Primary Central Narcotics Tribunal in Kabul of such arrests outside Kabul Province, and obtain an order from the Court extending the dates for indictment. It shall investigate and prosecute the case in accordance with the provisions set forth in Article 36 of the Interim Criminal Procedure Code.

Article 38:
Reports on drug seizures


  1. A report shall be prepared by the person responsible for the seizure of illegal drugs and shall contain the following information:
  2. The report shall be signed by the person responsible for the seizure and a member of the Counter Narcotics Police (if any). One copy of the report shall be kept by each of the signatories to the report. Additional copies shall be submitted to the Saranwali for inclusion in the investigation dossier, and to the Ministry of Counter Narcotics.


Article 39:
Destruction of illegal drugs and preservation of evidence


The illegal drugs seized shall be destroyed in accordance with the following procedures:


Article 40:
Afghan Special Narcotics Force


  1. A Special Narcotics Force is established within the Ministry of Interior to detain those involved in drug trafficking, to seize illegal drugs, and to use reasonable force in the conduct of its operations, including against those who impede its operations.
  2. The Afghan Special Narcotics Force shall hand over any suspects and evidence in its custody associated with a drug seizure to the Counter Narcotics Police of Afghanistan pursuant to the procedures set forth in Articles 37, 38, and 39.
  3. The Afghan Special Narcotics Force shall have the power to destroy illegal drugs in situ where necessary.

Article 41:
Co-operation with law enforcement agencies


  1. A Saranwal may recommend to the court a reduced punishment for a convicted offender of up to 50% reduction in the minimum applicable sentence where, in the judgment of the Saranwal, the offender has provided substantial assistance regarding the criminal activities of other offenders to law enforcement authorities during an investigation or prosecution.
  2. Any person who provides authentic information relating to drug trafficking offenses or offenders, or arrests, or assists in the arrest of, the offenders may be paid, depending on the circumstances and the quality and quantity of the drugs seized, at the discretion of the Counter Narcotics Police and in accordance with guidelines which shall be established by the Ministry of Interior.

Article 42:
Confiscation of benefits


  1. No person may retain any benefits or assets, whether fixed or movable, acquired directly or indirectly by the commission of a criminal offense under this law.
  2. The prosecutor shall be responsible for providing sufficient evidence in support of the confiscation of benefits or assets in accordance with paragraph 1 of this Article.. The court shall consider any evidence produced by the convicted person in denial of the above and shall order confiscation only after it is quite certain that benefits or assets were acquired directly or indirectly as the result of the commission of a criminal offense under this law.
  3. Benefits and fixed or movable assets that may be confiscated or forfeited as a result of the commission of a criminal offense under this law shall include the following:
  4. When confiscation of benefits or assets ordered to be confiscated is not possible, benefits or assets of equivalent value shall be ordered to be confiscated. This order shall be applicable to benefits or assets belonging directly or indirectly to the perpetrators of the offenses under this law.
  5. Any benefit or asset shall be confiscated from any person to whom it has been transferred, if such person knew or should have known that the benefit or asset had been acquired directly or indirectly by the commission of a criminal offense under this law.
  6. If the transferee had not known that the benefits or assets transferred to him had been acquired by the commission of a criminal offense under this law, he shall have the right to present evidence of his lack of knowledge on this regard to the court.
  7. Chapter VI

Search, Seizure, and Investigation Techniques


Article 43:
Detection, Investigation, and Judicial Prosecution


The provisions of this Chapter shall apply to the detection, investigation, and prosecution of drug trafficking and drug trafficking-related offenses, including offenses involving bribery and corruption, violence, and money laundering.


Article 44:
Search of Person


  1. Law enforcement authorities may conduct a search of a person where there is reasonable cause to believe that evidence or items subject to seizure are concealed on or in a suspect's body or clothing.
  2. A strip-search may only be conducted by a law enforcement officer of the same sex. Internal examinations of body orifices may only be carried out by an authorized medical examiner after approval by a local court. Where an individual consents to a search, no authorization from a court need be sought.
  3. Any item or article reasonably relevant to criminal activity may be seized during a search of a person. A record of the reasons for and circumstances of the search, the name of the Judge or other authorizing officer, where applicable, and the disposition of any seized items shall be made and kept for all future legal proceedings.
  4. Evidence properly obtained pursuant to a search of a person shall be admissible in all court and other legal proceedings.

Article 45:
Search of Property


  1. Law enforcement authorities may enter and search private residences after obtaining a warrant from a relevant court.
  2. An application for a search warrant shall set forth convincing reasons that justify the search, including the exact address of the property to be searched.
  3. A court may issue a search warrant where there is reasonable cause to believe that evidence, instrumentalities, or proceeds of drug-trafficking, or other, offenses are stored, maintained, or concealed in or on the premises to be searched. If the owner or the resident of the property consents to a search, no authorization from a court need be sought.
  4. In exceptional circumstances where there is [reasonable] cause to believe that evidence, instrumentalities, or proceeds of criminal activity or offenses may be removed or destroyed before the issuance of a search warrant by a court, law enforcement officers may act pursuant to the provisions of the Criminal Procedure Code.
  5. Law enforcement officers may seize all evidence, instrumentalities, or proceeds of criminal activities or offenses, including records maintained in any form, format, or medium, specified in the warrant or which can reasonably be considered relevant to criminal activities or offenses. A record of the reasons for and circumstances of the search, the name of the judge or other authorizing officer, where applicable, and the disposition of any seized items shall be made and maintained for all future legal proceedings. Where a search warrant was not obtained prior to a search because of exceptional circumstances, the record shall also include a description of such exceptional circumstances and the attempts made to contact a Sarwanal before the search.
  6. Evidence properly obtained pursuant to a search warrant or consent shall be admissible in all court and other legal proceedings. Law enforcement officers shall, following entering and searching a property, obtain a court order establishing the legality of their action within a period of time as set under the law.

Article 46:
Search of Vehicles


  1. Law enforcement authorities may stop, enter, and search a vehicle where there is reasonable cause to believe that evidence, instrumentalities, or proceeds of drug-trafficking offenses are stored, maintained, or concealed on or within the vehicle, its load, or any trailer.
  2. Law enforcement authorities may seize the vehicle and any evidence, instrumentalities, or proceeds of drug-trafficking offenses, including records maintained in any form, format or medium, relevant to such criminal activities or offenses. A record of the reasons for and circumstances of the search and the disposition of any seized items shall be made and maintained for all future legal proceedings. Evidence properly obtained pursuant to an [authorized] vehicle search shall be admissible in all court and other legal proceedings.


Article 47:
Covert Surveillance over Consignments


  1. Law enforcement authorities and their authorized agents may conduct and engage in covert investigative and surveillance methods during and in connection with efforts to gather intelligence and evidence relevant to the commission of criminal activities or offenses. Covert investigative and surveillance methods may include:
  2. A record of the surveillance conducted will be made.
  3. Evidence properly gained through the authorized use of covert investigative and surveillance methods shall be admissible in all court and other legal proceedings.

Article 48:
Intrusive or Electronic Surveillance


  1. Law enforcement authorities and their authorized agents may conduct and engage in intrusive investigative and electronic surveillance methods during and in connection with efforts to gather intelligence and evidence relevant to the commission of drug-trafficking offenses. Intrusive or electronic surveillance methods may include:
  2. Evidence properly obtained through the authorized use of overt or covert intrusive investigative and electronic surveillance methods shall be admissible in all court and other legal proceedings.
  3. In all cases under this article, the confidentiality of the conversations, mailings, and communications between the accused and his lawyer shall be kept immune from any form of intrusion.

Article 49:
Electronic Interception and Surveillance Standards


  1. With the exception of law enforcement agencies or their agents, any person who intentionally —

shall be subject to 1 to 5 years imprisonment and a fine of between 20,000 and 100,000 Afs.


  1. It shall not be unlawful for an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment.
  2. A person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient, except -
  3. Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom shall be admissible as evidence in any trial, hearing, or other proceeding or before any other official authority if the disclosure of that information would be in violation of this Article.
  4. The consent of one of the parties to the communication shall constitute authorization for surveillance, interception, or inspection of communications and information under this Article.
  5. An application for an Interception Order shall be prepared by a Saranwal and approved by an authorized official of the Office of the Attorney General. The application shall specify the reasons to believe that:
  6. The application for and authorization of surveillance or interception under this section should be in writing but may be made orally if there are urgent or emergency circumstances. The application to conduct an interception shall include sufficient information to justify the use of the type of interception sought. The court issuing the order shall state any conditions or limits to the planned interception or surveillance in the order authorizing the application. Urgent oral applications and authorizations require the same information and justification as written ones. Written applications and authorizations will be made as soon as practicable following oral authorization and will state the need for urgency.
  7. Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify—
  8. An Interception Order is valid until the objectives authorized in the Order are attained or 60 days from the day on which the law enforcement officers first begin to conduct an interception under the Order. It shall be renewable for additional 60 day periods upon a showing of continued necessity.
  9. The authorization given shall apply to the target telephone number as well as any changed telephone number within the 60 day period. If the telephone is a cellular telephone, the authorization applies both to the target telephone number as well as any changed telephone number or any other telephone number subsequently assigned to or used by the instrument bearing the same electronic serial number as the target cellular phone within the 60 day period.
  10. Monitoring personnel may listen only to criminal conversations, and must turn off the interception devices when the subjects engage in non-criminal conversations.
  11. The recordings of the intercepted communications shall be sealed in a container and taken to the court which issued the interception order within 30 days of the end of the authorized interception period in order to protect the recordings from tampering or destruction and to ensure that the contents are not improperly disclosed.
  12. No provider of wire or electronic communication service, officer, employee, or agent thereof shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order under this Article, except as may otherwise be required by legal process and then only after prior notification to the Attorney General as may be appropriate.
  13. When a law enforcement officer intercepts wire, oral, or electronic communications relating to offenses other than those specified in the Interception Order, the contents thereof, and evidence derived therefrom, may be disclosed or used for law enforcement purposes, or disclosed under oath in any proceeding, when the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this Article and the original order. The court shall be notified as soon as practicable that conversations about other offenses are being monitored, and the new offenses shall be added to the original application for the order if an extension order is obtained. If no extension order is obtained and the prosecution wishes to use that evidence in a future proceeding, an order should be obtained as soon as practicable pursuant to this Article.
  14. Disclosure of information obtained pursuant to a court-authorized interception order is authorized in the following circumstances:
  15. Information regarding offenses other than those authorized in the order may be disclosed to other law enforcement officers, who may use the information following a court authorization.
  16. A law enforcement officer may disclose interception information to other law enforcement, intelligence, protective, immigration, national defense, or national security officials to the extent the information includes intelligence or counterintelligence, to assist the receiving official in the performance of his official duties.
  17. A law enforcement officer, or other Government official engaged in carrying out official duties, may disclose the contents of intercepted communications and evidence derived therefrom to foreign or domestic investigative or law enforcement officers to the extent such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. Foreign investigative or law enforcement officers may use or disclose such contents or derivative evidence to the extent appropriate to the performance of their official duties.
  18. A law enforcement officer, or other Government official engaged in carrying out official duties, may disclose the contents of intercepted communications and evidence derived therefrom to any appropriate Government or foreign government official to the extent the contents or derivative evidence reveals a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, sabotage, terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within Afghanistan or elsewhere, for the purpose of preventing or responding to such threat. The foreign official who receives such information may use it consistent with such guidelines as the Office of the Attorney General and the National Security Directorate (NDS) shall jointly issue.
  19. The Interception Order issued by the judge may provide in appropriate circumstances and for good cause that the order be sealed, and the surveillance or interception conducted not be disclosed until the conclusion of the investigation or until further order of the court, and that the methods, means, and techniques used in the interception or surveillance remain secret.
  20. The Interception Order issued by the judge may permit law enforcement officers to surreptitiously enter the premises to be surveilled at any time to install or replace a recording or surveillance device, or replace the battery.
  21. Communications service providers shall allow designated law enforcement authorities access, as per the Interception Order, to the content of the specified communications at the time of transmission or as soon as practicable thereafter, and to fully cooperate with law enforcement authorities in the installation or connection of all technical equipment necessary to the interception and recordation of the communications. Communications service providers and their employees and agents are forbidden to disclose the installation of interception equipment.


Article 50:
Use of Informants


  1. Law enforcement authorities may use informants to prevent, detect, and investigate drug-trafficking offenses by gathering intelligence and evidence relevant to the commission of such offenses.
  2. An informant may establish or maintain a relationship with a person in order to acquire and provide information or evidence of illegal activities to law enforcement authorities. Informants may use surveillance techniques described in this Article if authorized by appropriate law enforcement authorities.
  3. Informants may not participate in the commission of drug-trafficking offenses in connection with criminal investigations without prior authorization from the appropriate law enforcement authorities. An informant who conducts or participates in criminal activity outside the limit of the authorized conduct may be subject to prosecution for any offense committed.
  4. Authorizations for informants to acquire information or participate in crimes shall be recorded in writing and specify to the extent practicable the types of actions the informant may engage in or conduct. All information provided by an informant shall be recorded by the officer receiving it.
  5. The identity of an informant may be withheld by an order from a court where there is reasonable cause to believe that identifying the informant will subject him to danger or compromise lawful investigations. The order issued by the court may provide in appropriate circumstances that the order be sealed and not be disclosed to another party until the conclusion of the investigation or until further order of the court, and that the methods, means, and techniques used in the investigation remain secret.
  6. An informant may testify in court.
  7. Evidence properly gained through the authorized use of informants shall be admissible in all court and other legal proceedings.
  8. Informants shall be recruited in accordance with special procedures established by the Ministry of Interior.

Article 51:
Undercover Operations


  1. Law enforcement authorities may conduct undercover or covert operations during and in connection with investigations to gather intelligence and evidence relevant to the commission of drug-trafficking offenses. Undercover or covert operations and methods may include purchasing, selling, or offering to purchase or sell, illicit drugs and controlled substances, or other activities. Undercover or covert operations and methods shall not be used to initiate crimes that would [not] otherwise have been committed. A record of all undercover or covert operations conducted shall be made and maintained.
  2. Intelligence includes information relevant to the detection and prevention of drug-trafficking offenses. The source of intelligence may be protected.
  3. Evidence properly gained through the authorized use of undercover or covert operations shall be admissible in all court and other legal proceedings.


CHAPTER VII

Ministry of Counter Narcotics, and other Ministerial Duties and Responsibilities


Article 52:

Duties and responsibilities


  1. The Ministry of Counter Narcotics shall provide policy coordination for the Government of Afghanistan’s counter-narcotics activities and programs in cooperation with the Ministries, independent bodies, and other relevant organizations.
  2. The Ministry of Counter Narcotics, as the leading Ministry in counter narcotics affairs, shall be responsible for coordinating and evaluating the implementation of this Law and the National Drug Control Strategy in the concerned Ministries and organizations, and shall adopt the necessary measures for this purpose in the relevant central and provincial offices.
  3. The concerned Ministries and organizations shall present a report, on a monthly basis or upon request, on their counter-narcotic activities to the Ministry of Counter Narcotics.
  4. The Ministry of Counter Narcotics shall submit a quarterly report on the activities and performances of the relevant organization in combating narcotic drugs.
  5. Ministries, agencies and other relevant organizations shall be responsible for the implementation of this law and the National Drug Control Strategy in their respective areas of activity.
  6. The Minister for Counter Narcotics, assisted by other Ministries, and other bodies and institutions, shall prepare a National Drug Control Strategy (NDCS), and propose revisions to the strategy at regular intervals but not less than every three years. The Ministery shall be responsible for evaluating the [implementation] of the NDCS.
  7. The Ministry of Counter Narcotics shall coordinate the annual budget of the National Drug Control Strategy with the Ministry of Finance. The Ministry of Counter Narcotics and the Ministry of Finance shall be jointly responsible for the management and implementation of the Counter Narcotics Trust Fund.
  8. The Ministrie of Counter Narcotics, Interior, Finance, National Defence and other Ministries, bodies and institutions, including but not limited to the, Supreme Court, Office of the Attorney General, and National Directorate of Security, shall cooperate and assist one another as required to perform their lawful duties and functions under this law.

Article 53:

Intelligence Duties


  1. The National Directorate of Security shall obtain intelligence on drug cultivation, production, and trafficking, and shall prepare strategic and operational intelligence reports related to counter narcotics.
  2. Strategic intelligence reports on counter narcotics shall be submitted on a regular basis to the National Security Adviser, the Minister of Interior, and the Minister for Counter Narcotics.

Article 54:

Duties of Other Ministries


  1. The Ministry of Public Health, in consultation with the Ministry of Counter Narcotics, shall establish community-based and residential detoxification , harm reduction, treatment and rehabilitation services for persons addicted to or dependant on narcotic drugs and/or psychotropic substances.
  2. The Ministry of Education and Ministry of Higher/Vocational Education shall, in consultation with the Ministry of Counter Narcotics, include illicit drug use prevention related subjects into the curriculum of their educational institutions.
  3. The Ministries of Culture and Information, Public Health, Religious Affairs (Hajj and Awqaf) and other relevant bodies shall, in consultation with the Ministry of Counter Narcotics, promote public campaigns against illegal drug cultivation, production, trafficking, and use.
  4. In accordance with the National Drug Control Strategy, and within their competence, the Ministries of Agriculture, Food Stuff and Animal Husbandry, Rural Rehabilitation and Development, Public Health, and Interior shall adopt measures to:
  5. The Ministry of Foreign Affairs shall adopt measures to:

CHAPTER VIII

Final Provisions


Article 55:
Responsibility of Security Authorities


All security authorities shall be responsible for preventing and eradicating the cultivation of opium poppy, cannabis plants and coca bush in accordance with the instructions of the Government.


Article 56:
Primacy of this law


  1. Where existing laws and regulations conflict with or contradict this law, this law shall prevail. All regulations that are incompatible with this law shall be conformed to this law no later than 6 months after the promulgation of this law.
  2. The Counter Narcotics Ministry shall issue all regulations required by this law within one year of the promulgation of this law. Pending the promulgation of such regulations, previously applicable regulations concerning counter narcotics activities shall remain in force to the extent that such regulations are not inconsistent with this law.

Article 57:
Cooperation from Ministries


  1. Within 60 days of the promulgation of this law, the Ministry of Counter Narcotics, with the assistance of the Ministry of Interior, shall define the measures necessary to meet the requirements of this law, particularly the organizational, staffing, funding, and resource requirements.
  2. Within 60 days of the promulgation of this law, the Ministry of Counter Narcotics shall, in consultation with the Ministry of Public Health, prepare an organizational plan for the establishment of the Committee on Drug Control. Within 120 days of the promulgation of this Law, the Committee shall convene its inaugural meeting.
  3. Within 120 days of the promulgation of this law, the Ministry for Counter Narcotics shall formulate and publish regulations pertaining to the internal governance of the Ministry of Counter Narcotics.

Article 58:

Entry into Force

This law shall enter into force following its promulgation and shall be published in the Official Gazette. Following the promulgation of this law, the Counter Narcotics Law published in the Official Gazette No. 813 dated 13.08.1383 shall be nullified.



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