US embassy cable - 03HOCHIMINHCITY1233

UNCLAS SECTION 01 OF 04 HO CHI MINH CITY 001233 
 
SIPDIS 
 
State pass to USTR EBRYAN 
USDOC for 6500 and 4431/MAC/AP/OPB/VLC/HPPHO 
 
E. O. 12958: N/A 
TAGS: VM, ECON, CB, ETRD, PREL, SMIG, SNAR, SOCI, CNARC, TIP 
SUBJECT: FACE TO FACE WITH SMUGGLERS AND OFFICIALS ALONG THE 
BORDER 
 
 
Summary 
------- 
1.  An Econ trip to the town of Chau Doc and the border area of An 
Giang Province revealed energetic levels of small time smuggling 
that is largely tolerated by local authorities.  That fat man on 
the motorcycle may simply have his clothing stuffed full of 
cartons of cigarettes, locals say, but they also denied any 
knowledge of narcotics trafficking in did not mention any 
trafficking in women.  With lax border controls and a largely 
unpatrolled border, however, both could easily occur.  One 
official stated they stopped a boat with more than 7 kilos of 
heroin earlier this year, but somehow, on the open paddy fields, 
the smugglers themselves managed to escape.  Most border traffic 
is local, with almost no foreigners crossing into or out of 
Cambodia.  While traveling in a marked "frontier area," Econoffs, 
Econ/Pol Assistant, and Congen Driver came to the attention of the 
police who, while ignoring other traffic coming and going, tried 
to impress upon Congen party that they had violated Vietnamese law 
by being there without permission.  Police were polite, did not 
try to separate or intimidate the two FSNs, and eventually sent 
Congen party on their way. 
 
"Catfish" and Smugglers 
----------------------- 
An Giang Province sits along the Cambodian Border where the Mekong 
River enters Vietnam.  Only two or three kilometers from the 
border is the town of Chau Doc which is located along a branch of 
the Mekong.  These days it is known for raising tra and basa fish, 
primarily in floating cages in the river.  Like many border towns 
it is also known for smuggling.  Because Cambodia has 
substantially lower tariffs for many goods, this can be a 
lucrative business.  One local Amcham contact reported that on a 
recent visit to Phnom Penh he was told by a Cambodian official 
that 40% of goods imported into Cambodia are eventually smuggled 
into Vietnam. 
 
Quiet Crossing and Sleepy Guards 
-------------------------------- 
3.  The official border crossing nearest Chau Doc is Tinh Bien, 
about 25 km southwest of town.  It sits on a causeway cutting 
across a landscape of rice paddies that stretch for miles on 
either side.   The checkpoint is a quiet spot, and Econoffs' 
arrival at the border crossing caused a stir among the motorbike 
taxi drivers waiting for fares that never seemed to materialize. 
Econoffs walked up to the Vietnamese immigration checkpoint where 
two young soldiers in a small hut preside over the pedestrian and 
vehicle crossings.  Beyond them sits an administrative building, 
including the customs check-point, and then Cambodia.  The 
soldiers, though clearly curious about their Western visitors, 
were friendly, chatting with Econoffs while continuing to check 
those crossing the border.  Eventually, an officer emerged from 
the administrative building.  He was also courteous and willing to 
answer questions.  They told us that the nearest town on the 
Cambodian side was about 7 kilometers away. 
 
4.  Pedestrian and motorcycle traffic through the checkpoint was 
light but steady.  People transiting from Vietnam to Cambodia were 
mostly empty-handed and traveled by motorbike.  Econoffs witnessed 
two loads of eggs stacked high and wide on modified motorcycle 
carts headed into Cambodia.  Travelers entering Vietnam tended to 
carry small bundles of agricultural products.  We also saw a 
couple loads of scrap metal and boxes on carts coming in as well. 
The Cambodians were a far more ragged-looking lot than their 
Vietnamese neighbors, many of them on foot or on old bicycles. 
There were a few men crossing into Vietnam with picks or hoes 
tossed over their shoulders, perhaps coming to work.  The border 
guards said that about 400 people cross the border in the 12 hours 
it is open each day; about 300 of them are crossing from Cambodia 
into Vietnam.  Most of these trips are round-trips by residents of 
the border areas.   In the thirty minutes Econoffs spent 
conversing with the border guards, only one, apparently empty, 
truck bound for Cambodia passed through the checkpoint, none 
transited in the other direction. 
 
5.  Travelers passed the checkpoint with little or no inspection. 
Border residents, Cambodian or Vietnamese, are allowed relatively 
unrestricted travel back and forth.  Each official ID card denotes 
the holder's place of residence and, as long as they reside 
nearby, there is no need for visas, passports, or other 
formalities.  A few people heading for Cambodia presented the 
border guards with their identification card and a 2000 VND fee. 
The money went in a cash drawer, while the details from the ID 
cards were carefully recorded by hand in a small lined notebook by 
the border guard.  In one such case a tall silent fellow strolled 
up, raised us hat, withdrew his Cambodian ID card, presented it 
with a fee, and then carefully replaced the ID in his hat, smiled, 
and proceeded.  Most people, however, offered nothing more than a 
nod or smile.  The guards stated that these were regulars - people 
who crossed on a daily basis.  The guards said they collect the 
crossing fee from them on a periodic basis; though, there was no 
apparent system of tracking the number of crossings.  Very few non- 
locals cross at the border, the officials told us.  Since the 
checkpoint became an international border crossing in February 
2002, only about 200 foreigners had gone through the checkpoint. 
 
6.  The border guards acknowledged that smuggling occurred but did 
not say much about their efforts to prevent it.  They did 
acknowledge that the one boat in their inventory was not enough to 
effectively patrol the paddies during the rainy season.  The 
officer noted that during the recent rainy season, border guards 
confiscated 7 kilos of heroin when they stopped a suspicious boat 
crossing the flooded paddies.  No one managed to apprehend the 
crew of the boat,although escaping from a boat in a flat, 
featureless landscape would seem difficult. 
 
7.  All in all, Tinh Bien was a somnolent place of very local 
traffic, almost roused from quiet routine by the presence of 
strangers, but not quite.  The closest thing to dynamic activity 
was about one kilometer back from the border where Cambodian 
farmers sold their rice - which they typically brought on their 
backs or on bicycle - to Vietnamese buyers at a roadside 
rendezvous point.  Time spent in the vicinity of the unofficial 
border crossing on the edge of Chau Doc would tell a different 
tale. 
 
Texas Fives and Used Rice Cookers 
--------------------------------- 
8.  Upon arriving in Chau Doc, Econoffs dined with a prominent 
family in the local aquaculture industry.  These contacts, as 
lifelong residents of the border area, were quite knowledgeable 
about local smuggling and shared many anecdotes of living along 
the main street in a border town.  They described men bent under 
the weight of 29 inch TV boxes shuffling by their house and 
passersby on bicycles carrying so many cartons of cigarettes under 
their clothes that they appeared lumpy and twice their normal size 
("you know, like Westerners. Ha ha ha").  They told us that Chau 
Doc was awash in smuggled goods, particularly cigarettes, 
motorcycle parts, cellphones, small household appliances, and 
electronics, both new and used.  That is why, they said, these 
items were much cheaper in Chau Doc than in Ho Chi Minh City. 
They were happy to point out the area along the border very near 
town where much of the smuggling takes place.  Using our host's 
directions, we followed dinner with a trip to the border and the 
area where smugglers make their crossings. 
 
9.  Unlike the official crossing at Tinh Bien, this crossing is 
just outside of Chau Doc in a populated commune known as Vinh 
Nguon.  Following a dirt road flanked by rough one-room houses 
crafted from thatch, tin, and old lumber, Econoffs paralleled the 
border with a branch of the Mekong River on the right and rice 
paddies leading to Cambodia on the left.  Periodic stops to look 
across the darkened paddies for signs of activity invariably 
attracted curious onlookers, each eager to talk about life on the 
border and the local smuggling business.  According to one small 
group of young men that approached us, the bulk of illicit cross- 
border trade flows from Cambodia to Vietnam and is in rather 
innocuous goods.  Televisions, DVD/VCD players, clothes, used 
electrical appliances, and cigarette brands with names like Jet 
and Texas Fives all cross the paddy fields.  Smuggled goods come 
across on the backs or under the clothes of local residents hired 
by the trip.  Wages for guiding others across the border are 
around 30,000 VND (about two usd) per trip, while the wages for 
actually carrying contraband fluctuates with the value of the 
cargo.  Interestingly, according to local residents, smuggling at 
this area takes place mainly during daylight hours.  One local 
even described the "workday" as starting at 7AM. Border area 
residents said the river was not a favored avenue for smuggling as 
it was easy for the police to stopand serch boats.  In a 
separate conversation, however, the expat manager of a local hotel 
attached more importance to the water route and claimed that 
boatloads of contraband regularly entered Vietnam at Chau Doc. 
 
10.  Vinh Nguon's smugglers converge on various shops and houses 
in Chau Doc after making their cross-border dashes.  Here the 
smuggled goods are collected and loaded onto trucks, or 
motorbikes, for onward transport to other Delta towns and Ho Chi 
Minh City.  At no point did Econoffs observe any official stops or 
searches of vehicles leaving Vinh Nguon or Chau Doc. 
 
11.  Local residents denied that drug trafficking occurred at this 
part of the border.  Although it did not appear that major drug 
trafficking was conducted at this particular border point, we 
cannot say for sure whether they knew and were telling us the full 
story or were simply cautious talking about a more lucrative and 
more dangerous trade.  Although they gleefully answered questions 
about used rice cookers and cigarettes, questions about narcotics 
brought shrugs. 
 
12.  The biggest surprise was what they said about their treatment 
by the border guards when they were occasionally caught.  The 
soldiers did not seek a payoff, they said, and offering a bribe 
was a bad idea.  They insisted the best approach was act to 
contrite and beg for pity.  This would generally bring release, 
whereas, the offer of a bribe would bring sure arrest and 
punishment. 
 
The Long Arm of the Law 
----------------------- 
13.  Econoffs returned to the border the next morning to see the 
"dayshift" at work.  Not long after we returned, one of the young 
men we met the night before roared up on the back of a motorbike 
and gestured for ConGen vehicle to follow.  The motorbike led us 
up the road to a dirt lot between two small houses.  One hundred 
feet back from the road the land dropped steeply to a wide expanse 
of paddy.  From this vantage point our self-appointed escorts 
pointed out Cambodia, perhaps about 1 kilometer away, separated 
from Vietnam by rice paddies criss-crossed by narrow paths atop 
dikes.  They also pointed out a large tin-roofed building just 
across the border.  This was the market where most of the local 
smugglers traveled to buy cigarettes as well as clothing and small 
appliances - mostly used.  Econoffs observed groups of people 
headed for Cambodia.  Several even stopped to tell us where they 
were going. 
 
14.  The presence of two Westerners and an SUV with diplomatic 
plates did not go unnoticed for long.  Locals began to drop by to 
check out Econoffs (along with the shiny SUV) who were observing 
the decidedly unagricultural activity in the rice fields.  In due 
course Econoffs were asked to follow uniformed border guards and a 
couple in plainclothes to the local police station - a request 
that followed their admonition that the ConGen group was in a 
restricted border area without official permission.  Deciding that 
accepting the invitation was the prudent course, ConGen vehicle 
followed a motorcycle to the commune police station for a two hour 
discussion of the border and our "transgressions."  Of particular 
note during this episode was the presence of a young man on a 
motorbike.  He had also been at the official border crossing 25 
kilometers away during our earlier visit and had engaged in a 
hushed conversation with the officer in charge there. 
 
15.  At the police station, two plainclothes officials of the 
first name only variety advised Econoffs that foreign visitors 
require formal, written permission to visit the "buffer area" and 
claimed Econoffs had violated Vietnamese law.  They also requested 
official ID from the Americans in the ConGen group.  We explained 
that the hotel kept our IDs at check-in.  They refused to even 
look at our business cards. Econoffs noted that they were unaware 
of such a law, and, furthermore, Congen had informed the 
provincial ERO via diplomatic note of Econoffs's intention to 
visit the border.  This conversation recycled several times.  So 
it went for about 45 minutes with intermittent breaks for the 
officers to disappear into the back room to make phone calls, 
presumably seeking guidance.  During this period, ConGen FSN 
telephoned the local ERO and People's Committee to advise them of 
our situation and request assistance.  Econoffs also requested a 
copy of the law in question. 
 
16.  Eventually, a group of three border police arrived at the 
police station and the two plainclothes officials faded into the 
background.  Major Lan, deputy commander of a local border 
outpost, took over the discussion.  He was polite and even 
purchased bottled water for the Congen group with his own money. 
He stated firmly, however, that the ConGen group had entered a 
restricted area and had violated the law. Econoffs pointed out 
that while they knew that they had passed a sign labeled "frontier 
area," they saw no warning that access was restricted.  On the 
contrary, Econoffs noted that the area seemed a beehive of 
activity with all sorts of people coming and going.    Econoffs 
noted that they had made no attempt to conceal their presence and 
had informed the provincial ERO of their intention to visit the 
border. 
 
17.  Evidently tipped off by our request to see the law in 
question, Major Lan produced an official pamphlet detailing Decree 
34/2000/ND-CP on the Regulation on the Land Border Areas of the 
Socialist Republic of Vietnam.  The law states that foreigners who 
work for "central bodies" or who are hosted by Vietnamese 
organizations need to obtain various permissions to travel in a 
marked and defined "border belt."  The law does not appear to 
envision diplomats or unaccompanied foreigners.  An attached 
circular notes that all visitors to the "border belt" must check- 
in with local authorities.  After reviewing the law, Major Lan 
then asked Econoffs to sign a "minute" that would document the 
presence of the Congen group in a restricted area, but that no 
fine or punishment would be levied.  Econoffs explained that while 
Major Lan should feel free to draft the "minute," they could not 
sign it and at best could take it back to the Consulate for 
review.  As Major Lan chain-smoked Jet brand cigarettes, his 
deputy laboriously drafted, by hand, two identical "minutes." 
With the completed "minutes" in hand, Major Lan reiterated the 
requirement that Econoffs sign them.  He said that if we did not 
sign,  we would not be detained but we would continue talking at 
the police station.  Econoffs replied that if we were not being 
detained, then we would leave.  No, he said, we would first need 
to sign. 
 
18.  Eventually Major Lan proposed an unusual solution. 
Throughout the visit to Vinh Nguon's police station, Econoffs 
shared the interview area with three actual smugglers caught that 
morning.  The unlucky trio run a store in HCMC's Tan Binh district 
and had been headed to Cambodia to pick up clothes and small 
electronics to replenish their inventory.  This was their third 
trip to Cambodia and their first brush with the authorities. 
Despite their unenviable position as guests of the police, the 
group did not seem worried.  Their mood seemed a mixture of 
boredom alternating with excitement at sharing the police station 
with American diplomats.  For the most part they passed their time 
smoking cigarettes and reading newspapers.  They did a lot of 
grinning.  The police took their cellphones upon arrival, so 
chatting on the phone was out.  Major Lan selected the leader of 
this group and asked Econoffs if this man could sign the "minutes" 
as a witness.  Econoffs responded that he was free to sign 
whatever he wanted to sign. 
 
19.  This was all Major Lan needed.  The witness signed the form 
and Major Lan decided business cards were perfectly suitable forms 
of identification, though he did say that the refusal to sign 
meant he could not give carbon copies of the "minutes" to 
Econoffs.  The gathering broke up with handshakes and offers of 
hospitality should Major Lan find himself in HCMC or should 
Econoffs return, properly announced, to Vinh Nguon.   After the 
goodbyes, the ConGen vehicle headed for HCMC while the trio of 
smugglers and assorted officials waved goodbye from the police 
station driveway. 
 
Comment 
------- 
20.  Even though Econoffs, Econ/Pol Assistant, and Congen driver 
were asked to spend a couple hours talking at the neighborhood 
police station, the police were never rude or threatening. 
Although they firmly stated that we had violated the law and 
admonished the FSNs that as Vietnamese they should have known 
better, they were generally polite.  At no time did they attempt 
to restrict our contact with the outside, and in fact we made 
several telephone calls.  Nor did they attempt to separate the 
local FSNs from American officers to try to intimidate them. 
Most likely, the officials on the scene and their behind-the- 
scenes superiors felt they could not ignore a foreign presence at 
the border that they believed to be illegal.  They chose to handle 
it in the gentlest way they knew how - by warning us, creating a 
piece of paper, and sending us on our way. 
 
21.  Comment continued:  The smuggling and other border activity 
that Econoffs witnessed in Chau Doc and at the nearby crossing was 
primarily local, and is dwarfed by the amount of trade, legal and 
otherwise, that crosses the border at Tay Ninh, which is the main 
route between Ho Chi Minh City and Phnom Penh.  Just because our 
local conversations did not turn up tales of trafficking in women 
or narcotics, however, does not mean that it is absent here, and 
both could easily occur. Other sources have named An Giang 
Province as having a problem with trafficking in women.  Border 
police readily admit that they have trouble monitoring this 
stretch - probably every stretch - of the border.   What appears 
to be happening here openly is that local border officials turn a 
rather benign eye to the activity of local residents that allow 
them to come and go freely and do much of their shopping "duty 
free." 
 
 
WHITE