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United States/Mexico Bi-National Drug Strategy

Strategy Component

Alliance Point 13: Seize and forfeit the proceeds and instrumentalities of drug trafficking and money laundering, and direct these to the use of drug prevention and law enforcement, in accordance with legal procedures in force in and between our countries.

Through seizure and forfeiture of the assets and instrumentalities used for drug trafficking, the governments of both countries have taken direct action against criminal drug trafficking organizations.

Asset forfeiture is an essential component of effective law enforcement, particularly against drug trafficking and other income-generating crimes. In accordance with domestic legislation of each country, Mexico and the United States will work to enforce a comprehensive asset forfeiture regime, focusing on domestic forfeiture and international cooperation, such as identifying, freezing, seizing, and forfeiting drug-related assets at the request of the other country. International forfeiture assistance is enhanced by reciprocal asset sharing, to the extent permitted by the applicable laws of each country.

Objectives

  1. Establish and maintain an effective and current set of laws, regulations, and procedures regarding asset forfeiture and enforcement.

  2. Establish in the future a reciprocal program to share forfeited assets to foster intensive bilateral cooperation wherein the forfeiting country can share forfeited assets on an equitable basis with the cooperating country.

  3. Develop and maintain, to the extent permitted by law, an asset forfeiture fund which will provide resources to drug control and law enforcement efforts.
Actions
  1. Mexico and the United States will endeavor to maintain an updated legal framework regarding the forfeiture of assets used in or derived from illegal activities that provides for those assets to be used in drug abuse prevention programs and for law enforcement, in accordance with the legal procedures in effect in each country.

  2. Once Mexico has enacted the necessary domestic asset forfeiture legislation, the United States and Mexico will take steps to reach a bilateral, comprehensive international forfeiture cooperation agreement that also provides for reciprocal asset sharing.

  3. The Governments of the United States and Mexico will offer forfeiture training programs for investigators and prosecutors of both countries.

  4. Both Governments will develop and maintain international forfeiture cooperation provisions pursuant to their obligations under the United States-Mexico Mutual Legal Assistance Treaty and the United Nations (Vienna) Convention of 1988.

  5. In accordance with domestic law, both Governments will develop and maintain an asset forfeiture fund that will provide resources to drug programs and law enforcement entities.