https://doi.org/10.37955/cs.v8i3.354
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eISSN: 2600-5743
Drug contamination in the
movement of cargo units from
Ecuadorian ports
La contaminación con droga en el movimiento de
unidades de carga desde puertos ecuatorianos
Delia Maria Decker Coloma
Msc, Instituto Superior Tecnológico Simón Bolívar, d_decker@istsb.edu.ec,
https://orcid.org/0000-0002-5375-1356
Evelyn Paola Cabanilla García
Msc, Instituto Superior Tecnológico Simón Bolívar, e_cabanilla@istsb.edu.ec,
https://orcid.org/0000-0002-0538-8396
Karla Mariuxi Sánchez Mite
Msc, Instituto Superior Tecnológico Simón Bolívar, k_sanchez@istsb.edu.ec,
https://orcid.org/0009-0006-4240-622X
ABSTRACT
World trade has experienced exponential growth in recent decades,
facilitating the exchange of goods and products around the world and
promoting the development of consumer societies. In this article, we
will explore in depth the problem in Ecuador of the use of containers
for camouflage and drug trafficking worldwide (commonly called
contamination) and we will analyze the negative effects on the actors
involved (from individuals to institutions) with social consequences,
legal, economic and security that this phenomenon entails for the
affected countries and the international community as a whole. In this
context, legal challenges persist, especially with regard to the
identification and punishment of those responsible for introducing
drugs into containers, as well as the prevention of corruption in ports.
The ability of law enforcement agencies to detect and prevent drug
trafficking in containers must continue to improve. The conclusion
reveals that drug contamination in maritime containers leaving
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Ecuadorian ports continues to have harmful effects on society, the
economy, and the country's prestige.
RESUMEN
El comercio mundial ha experimentado un crecimiento exponencial en
las últimas décadas, facilitando el intercambio de bienes y productos
en todo el mundo y promoviendo el desarrollo de sociedades de
consumo. En este artículo se explora en profundidad la problemática
en Ecuador del uso de contenedores para el camuflaje y tráfico de
drogas a nivel mundial (comúnmente llamado contaminación) y se
analiza los efectos negativos en los actores involucrados (desde
personas naturales hasta instituciones) con consecuencias sociales,
legales, económicas y de seguridad que este fenómeno conlleva para
los países afectados y la comunidad internacional en su conjunto. En
este contexto, los desafíos legales persisten, especialmente en lo que
respecta a la identificación y sanción de los responsables de la
introducción de drogas en los contenedores, así como la prevención de
la corrupción en los puertos. La capacidad de los organismos
encargados de hacer cumplir la ley para detectar y evitar el tráfico de
drogas en los contenedores debe seguir mejorando. La conclusión
revela que la contaminación con drogas en los contenedores marítimos
que salen de los puertos de Ecuador siguen generando efectos nefastos
en la sociedad, la economía y el prestigio del país.
Keywords / Palabras clave
smuggling, drugs, trade, seaport, customs
contrabando, droga, comercio, puerto marítimo, aduana
Introduction
Global trade has experienced exponential growth in recent decades,
facilitating the exchange of goods and products around the world and
promoting the development of consumer societies ranging from food
and medicines to machinery and beauty accessories. In this context,
containers travelling on large vessels have become the backbone of
international logistics, enabling the most efficient and secure maritime
transport of all types of goods on a large scale. However, this growth
in shipping has also been exploited by criminal organisations to
conceal and transport illegal drugs globally.
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The use of containers in the export and camouflage of drugs has posed
an unprecedented challenge to counter-narcotics agencies around the
world. Taking advantage of the sheer size of these containers, as well
as the complexity and volume of international trade, drug traffickers
have developed sophisticated concealment techniques to evade
detection and customs control.
This article explores in depth the problem in Ecuador of the use of
containers for camouflage and drug trafficking at a global level
(commonly called contamination) and analyses the negative effects on
the actors involved (from natural persons to institutions) with social,
legal, economic and security consequences that this phenomenon
entails for the affected countries and the international community as
a whole.
Around 90% of all trade is conducted via sea containers, of which more
than 500 million are shipped annually in the trade supply chain and,
of this amount, less than 2% is inspected. The sheer volume of
containers travelling across the seas from country to country and
continent to continent makes them prime targets for illicit drug
trafficking actors. The global dependence on maritime trade,
combined not only with the sophisticated concealment methods
employed by drug traffickers, but also with the diverse trafficking
routes, makes successful interdiction and intervention difficult. The
situation therefore poses a serious threat to the supply side of
international trade, as well as to the sustainable development of
countries (United Nations Office on Drugs and Crime [UNODC],
2023).
The sheer volume of international maritime container traffic, with
approximately 750 million containers shipped annually in the trade
supply chain, coupled with the sophisticated and often ingenious
concealment methods and complex routes adopted by illicit drug
traffickers and other smugglers, invariably makes successful
interdiction difficult. Seaports are notoriously challenging, and
sometimes dangerous, places to work. Law enforcement structures are
often hampered by lack of resources, inter-agency mistrust, complex
port processes and systems, and other factors that criminal
organisations deliberately exploit. This situation represents a very real
and serious threat to the security of the international trade supply
chain, which is so important for sustainable development (World
Customs Organization WCO, 2023).
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Materials and Methods
In addition, it addresses the efforts and measures implemented by the
competent authorities to combat this problem, from port logistics
methodologies with the limitations and virtues to prevent or detect at
different points of risk of contamination. The intention to implement
strategies related to advances in detection technology, inspection
protocols and international cooperation agreements in the fight
against drug trafficking in the context of export and container
transport is highlighted. It also discusses remaining challenges and
possible future strategies to enhance security and prevent the criminal
use of containers.
For the drafting of this article, different sources of information were
reviewed, such as news articles from the media, news in digital
newspapers, recent articles related to the subject from indexed
scientific journals, books by different authors and institutions and
other documents that led to a conclusion on the current state and
future prospects of drug contamination in containers transiting
through Ecuadorian ports.
Results
Trafficking by sea, mainly in containers, is on the rise, as evidenced by
the fact that almost 90 % of the cocaine seized worldwide in 2021 was
transported by sea (UNODC, 2022).
In Ecuador, non-oil exports continue to grow, providing
encouragement after the difficulties caused by the pandemic.
According to the Ministry of Production, Foreign Trade, Investment
and Fisheries, in 2021 exports reached 18.092 billion dollars between
traditional and non-traditional products; in 2022 they grew to 21.071
billion and so far this year up to March they have generated 5.562
billion (Ministerio de Producción, Comercio Exterior, Inversiones y
Pesca, 2023).
Despite this growth, many of the producers have decreased their sales
due to the problems of the war in Ukraine, competition with trade
agreements, falling demand, rising freight costs, among other causes,
as well as complications in local logistics and the continuous risk of
drug contamination in their containers.
The contamination of drugs in containers represents high costs in
losses, because their formal and honest activities are clouded by the
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web of corruption and interests woven by the mafias. One of the fastest
growing drug markets is Europe. According to the results of Operation
Sky ECC, which took two years, more and more cocaine and
methamphetamines produced in Colombia and Peru are hidden in
legitimate export containers and arrive in Europe following the route
from the port of Guayaquil in Ecuador to the port of Antwerp in
Belgium (Diario La Hora, 2023).
The business is very lucrative, as a cocaine producer's margin can be
as much as 150% over cost and the margin on the sale to the consumer
can be as much as 300%. However, transport from the origin to the
final market generates a return of 1,500%, which is why they try to
send as many drug-infiltrated containers as possible, despite the fact
that between 10% and 20% of the cargo can be lost in customs controls
(Diario La Hora, 2023).
The imagination of the members of drug trafficking organisations
nowadays leaves more than one person surprised, due to the capacity
of occurrence that they have, as they surpass all ideas at the moment
of making a camouflage and of course they do not have any type of
limitation with what they do, as long as they get or hide the drug in
different ways to be exported to a third country, which can be a
consumer or trading country and its objective will be to cross the
borders (Palacios & Quimiz, 2018).
Drug contamination in maritime containers constitutes a multifaceted
challenge that has generated serious social, economic and legal
implications in the country. Ecuador, strategically located in the
Andean region and with direct access to the Pacific Ocean, has become
an important departure point for drug trafficking to international
markets. The presence of narcotics hidden in exported containers has
generated a series of negative consequences affecting various spheres
of Ecuadorian society and economy.
The Ecuadorian police confirm that 60 per cent of the alkaloid leaving
the country goes to Europe; the rest goes to North America, according
to the traceability lines carried out by investigators. Ecuador ranks
third in the world with the most cocaine seized, according to the
United Nations Office on Drugs and Crime. The banana export sector
is the hardest hit by drug contamination, as it is the product with the
highest volume and frequency of shipments through the ports of
Guayaquil (Diario Correo, 2022).
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According to the Anti-Drug Investigation Directorate of the National
Police of Ecuador, in 2021 Ecuador reached an all-time record in drug
seizures with 210 tonnes seized, 60 per cent of the drugs seized were
in the ports. "The state cannot give space to these criminal gangs and
we have to fight because there are already countries that claim that
many containers arrive with drugs at their destination and are
beginning to look at Ecuador as a brand that we have to be careful and
concerned about," Ecuadorian President Guillermo Lasso told the
press on 16 February 2022 (Onofa, 2022).
But pressed cocaine does not only go into Ecuador's famed bananas, it
goes into plastic replicas, pineapples, wood and other products. In
2022, the contamination of cocoa containers increased by 400 %. The
exporter spends up to $100,000 on lawyers to prove his innocence.
"All this, plus the fight against common crime (an average of $ 150
million a year in security), is robbing competitiveness to a sector like
this that brings foreign exchange to the country," said Jose Antonio
Camposano, president of the Corporation of Exporters Guilds of
Ecuador (Zambrano , 2023).
Ecuadorian exporters expressed their concern because not only is the
name of the country's export brand at stake, but clients who receive
goods from Ecuador and are recipients of a contaminated container
immediately enter an investigation process, exposing themselves to
harassment and violence from criminal groups operating in those
countries when their interests are affected (Onofa, 2022).
How contamination occurs
Drug traffickers take advantage of shipments of fresh fruit, because
this is one of the main exports from South America, and a priori does
not raise alerts when entering Europe. In addition, they are perishable
products that need to be distributed quickly and are normally
managed to pass through without much paperwork and inspection
(Diario La Hora, 2023).
Villegas (2018) agrees with the opinion of Juan José Pons, general
coordinator of the Ecuadorian Banana Cluster, who indicates that
drugs can be introduced into shipments at the farm, during transport,
in the container yard, at the port, at the shipping company or transit
ports, reported the Spanish news agency EFE (Onofa, 2022).
A recent report claims that "drug traffickers pay for container data to
contaminate containers". The key to camouflaging drugs is to know the
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destination of the container to be exported. With that information,
drivers are enticed along the way and others are part of the criminal
structure. However, the network of corruption extends to other
vulnerable bodies, such as the operational personnel of the ports, who
run the risk of being recruited by criminal organisations, either
willingly or through extortion mechanisms (Onofa, 2022).
Different people are continuously detained for investigations and links
to these criminal networks are uncovered. In February 2022, the police
arrested eight people involved, including truck drivers, technicians
and crane operators at the port of Guayaquil, who tried to contaminate
a container of bananas bound for Belgium with three tonnes of drugs.
According to Karla Arteaga, Head of the Ports and Airports
Investigation Unit (UIPA): "The criminal organisations seek to recruit
people to work in the ports, because of the access they have to
contaminate the containers with drugs. They do not belong to a fixed
structure, they are hired by different gangs, the structures used to be
pyramids, now they are organised into cells, whose members do not
know to whom they are sending the drugs' (Primicias.ec, 2022).
Ecuador has eight main ports, the two largest of which operate in
Guayaquil: Contecon and DP World Posorja. "The gangs choose
Belgium because of the cost of marketing the drug. A kilo of cocaine
costs USD 1,900 in Ecuador, around USD 5,000 in Central America,
USD 20,000 in North America and up to USD 60,000 in European
countries," said the head of the UIPA.
Effects of drug contamination in containers
Two ways of analysing the effects of drug contamination in containers
are proposed, one from the dimensions of the export process and the
other from those involved in the operation. For the review of the
dimensions, we should point out that these are: social, economic, legal
and security. On the other hand, if we refer to the vision of those
affected, we will point to the product, the people, the companies and
the country, which affect different levels of our society in a broad
manner.
The export sector is not only affected by the costs of a possible seizure
of the product or the goods being frozen. The loss of clients abroad
must also be taken into account, as well as all the legal processes such
as going to the Public Prosecutor's Office and hiring lawyers to face the
process of determining how the contamination occurred and whether
it is the company's responsibility. According to Rosero, all these
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procedures multiply up to 10 times the $200 already incurred for each
container inspected. "It can exceed the cost of the cargo itself. We are
talking about containers that can cost $20,000 or $100,000," said
Ribadeneira, who added that this situation is discouraging many
companies that want to export, but do not want to be involved in all
these problems (Diario La Hora, 2023).
Dimensions
Let us begin to review the effects from the dimensions mentioned
above.
Social Dimension: Drug contamination in maritime containers has
had a profound impact on Ecuadorian society. Some of the most
worrying effects are the increase in drug-related violence, the
decomposition of the social fabric and the deterioration of security in
the affected communities. The increase in crime, the creation of
multiple gangs that confront each other and fight over smuggling
routes or key contacts for their illegal business, and the loss of trust in
public institutions have generated a feeling of hopelessness and
distrust among the population. Furthermore, the availability of illegal
drugs can contribute to increased substance use and abuse in affected
communities, which can have serious consequences for people's
physical and mental health, including addiction, health problems and
deterioration of general well-being.
Economic Dimension: The economic dimension includes the
supplier's and client's money, commercial investment, operating costs
(insurance, transport, warehousing, operators, shipping procedures,
sanitary permits, taxes, etc.), the negative impact of which leaves large
losses in Ecuador's international trade. The detection of narcotics in
exported containers has led to a decrease in the confidence of trading
partners, as well as to the imposition of stricter restrictions and
controls in Ecuadorian ports. These new stricter inspection protocols
and additional requirements have generated delays in the loading and
unloading of containers, resulting in higher costs and economic losses
for producers and exporters, which in turn diminishes economic
growth and affects the country's competitiveness in the international
market, with restrictions on projected inter-country and inter-
company agreements. Legal dimension: In terms of legal implications,
Ecuador has taken significant steps to combat drug contamination in
maritime containers, strengthening its legal framework and security
measures to combat drug trafficking, implementing more rigorous
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inspection protocols and making international cooperation
agreements. However, legal challenges remain, especially with regard
to identifying and sanctioning those responsible for smuggling drugs
into containers, as well as preventing corruption in ports.
The capacity of law enforcement agencies to detect and prevent drug
trafficking in containers needs to be further improved. Greater
investment in detection technology and training of customs personnel
to identify sophisticated concealment techniques is required. It is also
essential to strengthen cooperation between countries of origin,
transit and destination of drugs in order to exchange information and
coordinate efforts to dismantle criminal networks.
Vélez (2021) points out that there are difficulties in establishing
coordinated public policies since the Maritime Authority of Ecuador,
the entity in charge of controlling national and international traffic
vessels, has divided competences between the Undersecretariat of
Ports and Maritime and River Transport, and the National Directorate
of Aquatic Spaces in the areas of maritime safety and security, This
requires harmonisation of processes, including those related to
security within national ports, and the incorporation of electronic
means of control with a view to detecting controlled substances found
as contraband.
Security Dimension: Checking some 2.4 million containers a year "is a
Herculean task", admit Antinarcotics. The violation of security
protocols that allows the contamination of containers with drugs
means that methodologies, personnel and systems are continually
being revised, changed and updated, without this being a complete
guarantee of immunity to this evil. According to Iván Ontaneda,
president of ANECACAO, despite the investment they make in
security, the contamination continues and is done inside the port
despite certain scanners, so the problem is not solved with more
scanners. "We have to sleep with one eye open and hold a candle to the
saint so that they don't contaminate my container. This complicates
the growth of this important export sector" (Zambrano, 2023).
Affected
Drug contamination in containers transiting Ecuador's ports has
significant short- and long-term consequences for individuals,
companies and the country in general. The following are some of the
main effects:
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The product: loss of external and internal physical characteristics,
humidity, maturation, contamination with fungi, bacteria or viruses,
as well as possible deterioration as a result of inadequate handling for
separating the drug, are some of the consequences that can occur,
especially when they are perishable organic foods whose conservation
times, refrigeration temperature and storage follow international
standards that must be met for entry into destination countries. We
must understand that, when drugs are discovered, police agents
concentrate on separating and guarding the illegal substance, and as it
is part of an investigation, many operators and workers who are hired
to handle it prefer to avoid doing so in order not to be part of this
process and not to expose themselves to pressure from authorities or
criminals who want to recover the merchandise or avoid being linked
to it, so that the legal product that was being transported begins to
deteriorate.
People: In the course of an investigation, many people are involved for
investigation, among whom there may be innocent people, who are
exposed to public scorn and labelled as criminals, which affects their
personal and family life and the context to which they belong. If their
innocence is discovered, doubt is left in their environment and their
chances of reintegrating into the labour market are diminished, not to
mention that the experience may motivate them to move away from
the export processes and seek a new occupation or migrate to another
city.
Companies: The detection of drugs in containers exported from
Ecuador can lead to a decrease in confidence on the part of trading
partners and importers. This can negatively affect the trust and
reputation of Ecuadorian companies and make it difficult to establish
solid, long-term business relationships. And it is these companies that
assume legal, logistical, production, asset and personnel costs, in order
to solve the case in which they are involved and resume their activities
to recover what has been lost. However, in cases of drug trafficking,
everything slows down and often, even with the acquittal of the
company and its representatives, there are workers and professionals
who prefer not to continue, losing many technical staff who know the
operations of the company, machinery and colleagues, and even prefer
to be fired but not get involved in the recovery of containers, products,
trucks, or documentation that was part of the drug contamination, to
avoid being approached by gangs or getting involved in additional
investigations by the authorities.
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El País: The presence of drug trafficking and drug contamination in
Ecuador's ports can affect the country's international image. This can
deter investors and affect tourism, as well as have implications for the
global perception of the country's stability and security, which in turn
has a direct impact on Ecuador's economy. The decrease in confidence
of trading partners and the restrictions imposed may affect exports
and harm the country's economic development, which would imply the
need to improve controls, adjust laws, train personnel and purchase
new security equipment, all of which are significant costs for the
Ecuadorian state. It is important to note that these consequences can
vary in magnitude and scope depending on factors such as the
frequency and scale of drug contamination, as well as the responses
and policies implemented by the government and relevant
institutions.
Something to highlight is mentioned by Luna et al. (2021) who
indicates that drug traffickers have the element of transnationality of
their illicit operations, which limits the capacity to respond to
organised crime within and between countries, given the institutional
shortcomings and the difficulties of interaction (by their laws or
authorities) to cooperate effectively internationally; therefore, the
implementation of technological tools has a very important role in the
identification of shipments of goods that may contain controlled
substances.
Current strategies
In response to this threat, the United Nations Office on Drugs and
Crime (UNODC) and the World Customs Organisation (WCO)
launched the Container Control Programme (CCP) to assist
governments in establishing effective container screening and controls
to prevent drug trafficking and other illicit cross-border activities. At
the heart of this innovative approach is the creation of inter-agency
Port Control Units (PCUs), consisting of risk analysts and physical
inspection teams from different law enforcement agencies (e.g.
Customs, Police, maritime institutions, private sector and other law
enforcement agencies), which are trained and equipped under the CCP
to work together towards the systematic targeting of high-risk
containers for professional law enforcement scrutiny, using risk
analysis and other proactive techniques with minimal disruption to the
free flow of legitimate trade (World Customs Organization WCO,
2023). In total there are twenty countries in Latin America and the
Caribbean with operational Joint Port Control Units (JPCUs),
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including Ecuador: 1 JPCU in Guayaquil covering: Port Contecom and
TPG, and 1 JPCU in Machala covering: Puerto Bolivar (United Nations
Office on Drugs and Crime [UNODC], 2023).
The former President of Ecuador, Guillermo Lasso, issued Executive
Decree N° 227 dated 19 October 2021, which provides for the
installation and operation of anti-narcotics security scanners in all
ports, airports and border crossings in Ecuador, as a complementary
measure to the National Security Plan. The implementation of X-ray
scanners, particularly in the country's seaports, would allow the non-
intrusive inspection of all incoming and outgoing cargo, with the aim
of combating drug trafficking, smuggling of illicit goods and other
crimes linked to organised crime.
On the other hand, the port operator DP World points out that with
the Ecuadorian Navy they signed a cooperation agreement for the
construction of a maritime security and protection component in
Posorja, they have three scanners since August 2019 and all their
containers go through the X-Ray control. Contecon, for its part,
highlights that it signed an agreement with the National Police that
seeks to strengthen the institution's capacities and reinforce
operations in the port, with an investment of USD 3.5 million in
infrastructure and equipment (Zambrano, 2023).
Alternative solutions
We will also explore the initiatives and strategies adopted by
companies, the Ecuadorian authorities and the international
community to tackle this problem. We will highlight the importance of
cooperation between countries, information exchange and capacity
building in the fight against drug trafficking.
UNODC launches a call to action to contain criminal markets by:
- Intensifying cross-border law enforcement and criminal justice
cooperation and intelligence sharing with a view to disrupting
transnational trafficking enterprises.
- Stemming the increase in waterborne drug trafficking by
strengthening container controls and interdiction capabilities in ports
and by raising awareness among port authorities and commercial
shipping companies of the related risks.
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- Increase technical assistance to developing countries to facilitate
their participation in international cooperation initiatives and joint
operations, including those to address drug trafficking on the dark web
(UNODC, 2022).
The Anti-Narcotics Directorate of the Police and the Financial and
Economic Analysis Unit (UAFE) are promoting work on two fronts:
training in prevention for all employees and exporters: manual of good
practices, strategies and alerts; and the establishment of more efficient
mechanisms, due to the fact that the police give two hours' notice of an
inspection and exporting companies cannot send a delegate to the port
in time. This leads to postponement of the inspection, loss of time and
even space on the ship, with detrimental consequences for perishable
exports (Diario La Hora, 2023).
The trade unions have also mobilised and put forward proposals such
as
COOPERATION. The banana exporters' sector sent a letter to the
Ministry of Interior and governors of different provinces to hold a
meeting with the banana cluster, in order to join forces to fight against
delinquency. There is still no date.
SCANNERS. CORDEX proposes that SENAE should have a timetable
to determine how long the learning curve for the use of the scanners in
the ports will take and from that point onwards the physical inspection
of the container, which costs the exporter around 200 dollars, will be
reduced.
PAYMENTS. Exporters stress that the responsibility for providing
security lies with the government, therefore, the use of scanners
should be free; in Colombia, the first pass through the scanner is free,
but it costs if they have to pass the cargo through again because of a
doubt (Zambrano, 2023).
Conclusions
Drug contamination in maritime containers leaving Ecuador's ports
has had a negative impact on the country's society, economy and
prestige. Only through a coordinated and multidimensional approach
can we mitigate the negative impacts and build a safer and more
prosperous future. To this end, it is essential to strengthen port
security by promoting international cooperation and fostering the
development of comprehensive strategies.
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The solution is systemic, i.e. it will not be enough to buy new scanners
if we do not work on state policies that protect operators from
extortion and pressure, that implement methodologies to find the "hot
spots" where contamination occurs, that allow the police and judges to
bring justice as quickly as possible, that implement contingency spaces
to protect legal cargo, that integrate institutions, processes and
information from the entire national and international logistics chain,
that integrate institutions, processes and information from the entire
national and international logistics chain, and that provide a more
efficient and effective security system.
Stricter security measures and more rigorous controls implemented in
response to drug contamination should not generate additional costs
for exporting companies, as well as avoid delays in the loading and
unloading of containers by implementing detection technologies that
increase efficiency and decrease operational costs.
References
Diario Correo. (3 de octubre de 2022). 12 mil dólares es la pérdida por cada
contenedor contaminado.
https://diariocorreo.com.ec/76283/portada/por-cada-contenedor-de-
banano-que-los-narcos-contaminan-con-droga-en-ecuador-el-
exportador-pierde-algo-mas-de-usd-12000
Diario La Hora. (30 de enero de 2023). El envío de drogas en contenedores
contamina la reputación de exportadores.
https://www.lahora.com.ec/pais/drogas-filtradas-contenedores-
exportaciones-ecuador-ganancias-mafias/
Luna, M., Luong, H., & Astolfi, E. (2021). El narcotráfico como crimen
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