Part VIII—International Narcotics Control
Part Referred to in Other Sections
This part is referred to in
§2291. Policy, general authorities, coordination, foreign police actions, definitions, and other provisions
(a) Policy and general authorities
(1) Statements of policy
(A) International narcotics trafficking poses an unparalleled transnational threat in today's world, and its suppression is among the most important foreign policy objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
(G) Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs.
(2) In order to promote such cooperation, the President is authorized to conclude agreements, including reciprocal maritime agreements, with other countries to facilitate control of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other narcotic and psychotropic drugs, and other controlled substances.
(3) In order to promote international cooperation in combatting international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.
(4) Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes.
(b) Coordination of all United States antinarcotics assistance to foreign countries
(1) Responsibility of Secretary of State
Consistent with
(2) Rule of construction
Nothing contained in this subsection or
(c) Participation in foreign police actions
(1) Prohibition on effecting an arrest
No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect to narcotics control efforts, notwithstanding any other provision of law.
(2) Participation in arrest actions
Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest.
(3) Exception for exigent, threatening circumstances
Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public.
(4) Exception for maritime law enforcement
With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country.
(5) Interrogations
No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person.
(6) Exception for Status of Forces arrangements
This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.
(d) Use of herbicides for aerial eradication
(1) Monitoring
The President, with the assistance of appropriate Federal agencies, shall monitor any use under this part of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.
(2) Annual reports
In the annual report required by
(3) Report upon determination of harm to environment or health
If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.
(e) Definitions
For purposes of this part and other provisions of this chapter relating specifically to international narcotics matters—
(1) the term "legal and law enforcement measures" means—
(A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and
(B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;
(2) the term "major illicit drug producing country" means a country in which—
(A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;
(B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or
(C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;
(3) the term "narcotic and psychotropic drugs and other controlled substances" has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned;
(4) the term "United States assistance" means—
(A) any assistance under this chapter (including programs under subpart IV of part II of this subchapter, relating to the Overseas Private Investment Corporation), other than—
(i) assistance under this part,
(ii) any other narcotics-related assistance under this subchapter (including part IV of subchapter II of this chapter), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to
(iii) disaster relief assistance, including any assistance under part IX of this subchapter,
(iv) assistance which involves the provision of food (including monetization of food) or medicine, and
(v) assistance for refugees;
(B) sales, or financing on any terms, under the Arms Export Control Act [
(C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954 [
(D) financing under the Export-Import Bank Act of 1945 [
(5) the term "major drug-transit country" means a country—
(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or
(B) through which are transported such drugs or substances; and
(6) the term "precursor chemical" has the same meaning as the term "listed chemical" has under paragraph (33) of
(7) the term "major money laundering country" means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and
(8) the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(
References in Text
The National Narcotics Leadership Act of 1988, referred to in subsec. (b)(1), is subtitle A of title I of
Executive Order Number 12333, referred to in subsec. (b)(2), is set out as a note under
This chapter, referred to in subsec. (e)(4)(A), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (e)(4)(B), is
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (e)(4)(C), is act July 10, 1954, ch. 469,
The Export-Import Bank Act of 1945, referred to in subsec. (e)(4)(D), is act July 31, 1945, ch. 341,
Prior Provisions
A prior section 481 of
Amendments
1997—Subsec. (b)(1).
1996—Subsec. (a)(1)(D) to (G).
Subsec. (a)(4).
1994—Subsec. (d)(2) to (4).
Subsec. (e).
Subsec. (e)(2).
Subsec. (e)(6) to (8).
1992—
Subsec. (a)(1).
"(A) under the Single Convention on Narcotic Drugs, 1961, each signatory country has the responsibility of limiting to licit purposes the cultivation, production, manufacture, sale, and other distribution of scheduled drugs;
"(B) suppression of international narcotics trafficking is among the most important foreign policy objectives of the United States;
"(C) the international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations;
"(D) international narcotics control programs should include, as a priority, the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived, and should also include the suppression of the illicit manufacture of and traffic in narcotic and psychotropic drugs;
"(E) the objective of the United States in dealing with the problem of international money laundering should be to ensure that countries adopt comprehensive domestic measures against money laundering and cooperative with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions; and
"(F) effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs."
Subsec. (a)(1)(D) to (F).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c)(4).
Subsec. (d)(3).
Subsec. (e).
"(A) Each report pursuant to this subsection shall include a report on major money laundering countries. This report shall specify—
"(i) which countries are major money laundering countries;
"(ii) which countries identified pursuant to clause (i) have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived from illegal drug sales in the United States or that otherwise significantly affect the United States;
"(iii) which countries identified pursuant to clause (ii) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings;
"(iv) which countries identified pursuant to clause (iii)—
"(I) are negotiating in good faith with the United States to establish such a record-exchange mechanism, or
"(II) have adopted laws or regulations that ensure the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investigations and proceedings; and
"(v) which countries identified pursuant to clause (i)—
"(I) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Financial Action Task Force, the policy directive of the European Community, the legislative guidelines of the Organization of American States, and other similar declarations, and
"(II) have entered into bilateral agreements for the exchange of information on money-laundering with countries other than the United States,
"(B) In addition, for each major money laundering country, the report shall include findings on the country's adoption of law and regulations considered essential to prevent narcotics-related money laundering. Such findings shall include whether a country has—
"(i) criminalized narcotics money laundering;
"(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recording of large currency transactions at thresholds appropriate to that country's economic situation;
"(iii) required banks and other financial institutions to maintain, for an adequate time, records necessary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering cases;
"(iv) required or allowed financial institutions to report suspicious transactions;
"(v) established systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets;
"(vi) enacted laws for the sharing of seized narcotics assets with other governments;
"(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments investigating financial crimes related to narcotics; and
"(viii) addressed the problem on international transportation of illegal-source currency and monetary instruments.
The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to address such obstacles, including the imposition of sanctions or penalties.
"(C) The report shall also include information on multilateral and bilateral strategies pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering.
"(D) The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis.
"(E) As used in this paragraph, the term 'major money laundering country' means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking."
Subsecs. (f) to (h).
Subsec. (i).
Subsec. (i)(4).
Subsec. (i)(5).
Subsecs. (j), (k).
1989—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (h)(2)(A)(i)(IV).
Subsec. (h)(2)(B)(iii).
Subsec. (h)(2)(B)(v).
Subsec. (h)(3)(D).
Subsec. (i)(2).
Subsec. (k)(4).
1988—Subsec. (a)(1)(B) to (E).
Subsec. (d)(5).
Subsec. (e)(4).
Subsec. (e)(8).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(2)(A)(i)(I).
Subsec. (h)(2)(A)(ii).
Subsec. (h)(2)(B).
Subsec. (h)(3).
Subsec. (h)(4).
Subsec. (h)(5).
Subsec. (h)(6)(A).
Subsec. (h)(6)(B).
Subsec. (h)(6)(B)(ii).
Subsec. (i)(4)(vi).
Subsec. (i)(4)(vii).
Subsec. (i)(4)(viii).
Subsec. (k).
1987—Subsec. (e)(7).
Subsec. (h)(2)(A).
Subsec. (h)(4)(A).
1986—Subsec. (a)(3), (4).
Subsec. (c).
"(1) Notwithstanding any other provision of law, no officer or employee of the United States may engage or participate in any direct police arrest action in any foreign country with respect to narcotics control efforts. No such officer or employee may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. The provisions of this paragraph shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.
"(2) Paragraph (1) of this subsection shall not prohibit officers and employees of the United States from being present during direct police arrest actions with respect to narcotic control efforts in a foreign country to the extent that the Secretary of State and the government of that country agree to such an exemption. The Secretary of State shall report any such agreement to the Congress before the agreement takes effect."
Subsec. (e)(1).
Subsec. (e)(3)(D).
Subsec. (h).
Subsec. (i)(4).
Subsec. (i)(5).
1985—Subsec. (b).
"(1) Not later than forty-five days after the date on which each calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report on the programing and obligation, on a calendar quarter basis, of funds under this part prior to such date.
"(2) Not later than forty-five days after the date on which the second calendar quarter of each year ends and not later than forty-five days after the date on which the fourth calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed semiannual report on the activities and operations carried out under this part prior to such date. Such semiannual report shall include, but shall not be limited to—
"(A) the status of each agreement concluded prior to such date with other countries to carry out the purposes of this part; and
"(B) the aggregate of obligations and expenditures made, and the types and quantity of equipment provided, on a calendar quarter basis, prior to such date—
"(i) to carry out the purposes of this part with respect to each country and each international organization receiving assistance under this part, including the costs of United States personnel engaged in carrying out such purposes in each such country and with each such international organization;
"(ii) to carry out each program conducted under this part in each country and by each international organization, including the cost of United States personnel engaged in carrying out each such program; and
"(iii) for administrative support services within the United States to carry out the purposes of this part, including the cost of United States personnel engaged in carrying out such purposes in the United States."
Subsec. (c)(2).
Subsec. (e)(6).
Subsec. (h)(4).
1983—Subsec. (a).
Subsec. (e).
Subsecs. (f) to (j).
1981—Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
1979—Subsec. (d)(1).
1978—Subsec. (c)(1).
Subsec. (d).
1976—Subsec. (c).
1973—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1987 Amendment
Section 101(e) [title V, §585(b)] of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Limitation on Counternarcotics Assistance to Colombia
"(1)
"(2)
"(3)
[For delegation of functions of President under section 821(b) of
Report on Armed Forces Stationed in Andean Countries
Precursor Chemicals
"(a)
"(2) The purposes of the negotiations shall be to (a) establish a list of precursor and essential chemicals contributing to the illicit manufacture of controlled substances, as defined in section 102 of the Controlled Substances Act (
"(b)
"(c)
"(d)
"(e) This section shall not apply to the manufacture, distribution, sale, import or export of any drug which may, under the Federal Food, Drug and Cosmetic Act [
Linkage of Debt Reduction Loans to Reduction in Drug Trafficking; Report to Congress
"(a)
"(1) the Brady Initiative is a positive step, recognizing as it does the need for reducing the debt and debt service burdens of the indebted developing countries;
"(2) the multilateral development banks should, as part of this debt reduction process, encourage such countries to further reform their economies by reducing their dependence on production and trafficking of illicit narcotics; and
"(3) reduction of debt should relieve some of the financial burden on these countries, and thereby enable them to rely on legal income-generating activities.
"(b)
"(c)
"(d)
"(1) the term 'multilateral development bank' includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, and the African Development Fund; and
"(2) the term 'illegal drugs' means 'narcotic and psychotropic drugs and other controlled substances', as defined in section 481(i)(3) of the Foreign Assistance Act of 1961 (
Debt-for-Drugs Exchanges
Section 10 of
"(a)
"(b)
"(b) [(c)]
"(c) [(d)]
Additional Assistance to Countries Meeting Drug Eradication Targets or Taking Significant Steps Against Drug Production or Trafficking
"(1) If any funds made available for any fiscal year for security assistance are not used for assistance for the country for which those funds were allocated because of any provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production of [or] trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking, as follows:
"(A) Those funds may be transferred to and consolidated with the funds made available to carry out section 481 of the Foreign Assistance Act of 1961 [
"(B) Any such funds not used under subparagraph (A) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures of the Committees on Appropriations) in order to provide additional security assistance for those countries.
"(2) As used in this section, the term 'security assistance' means economic support fund assistance, foreign military financing, and international military education and training."
Definition of Terms Used in International Narcotics Control Act of 1988
Section 4003 of title IV of
Regional Anti-Narcotics Forces
Section 4101 of
Determining Major Drug-Transit Countries With Respect to Fiscal Year 1989
Section 4405(b) of
Bilateral Narcotics Agreements Required for Certifications for Fiscal Year 1989 and Thereafter
Section 101(e) [title V, §585(c)] of
Review of Effectiveness of International Narcotics Control Assistance Program
Section 2007 of
Multilateral Development Bank Assistance for Drug Eradication and Crop Substitution Programs
Section 2018 of
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
Reports to Congress on Drug Education Programs Abroad
Section 2029 of
United States Senate Caucus on International Narcotics Control
"(a)
"(b)
"(1) to monitor and promote international compliance with narcotics control treaties, including eradication and other relevant issues; and
"(2) to monitor and encourage United States Government and private programs seeking to expand international cooperation against drug abuse and narcotics trafficking.
"(c)
"(A) 7 Members of the Senate appointed by the President of the Senate, 4 of whom (including the member designated as Chairman) shall be selected from the majority party of the Senate, after consultation with the majority leader, and 3 of whom (including the member designated as Cochairman) shall be selected from the minority party of the Senate, after consultation with the minority leader.
"(B) 5 members of the public to be appointed by the President after consultation with the members of the appropriate congressional committees.
"(2) There shall be a Chairman and a Cochairman of the Caucus.
"(d)
"(e)
"(f)
"(g)
"(2) For purposes of section 502(b) of the Mutual Security Act of 1954 (
"(h)
"(i)
"(a) Notwithstanding the provisions of this or any other Act, the United States International Narcotics Control Commission, established by section 814 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 [section 814 of
"(b) Any reference to the United States International Narcotics Control Commission in any law, regulation, document, record, or other official paper of the United States shall be deemed to be a reference to the United States Senate Caucus on International Narcotics Control."
Drug Trafficking and Problem of Total Confidentiality of Certain Foreign Bank Accounts
Section 619 of
"(a)
"(1) several banks in Latin America and the Caribbean are used by narcotics traffickers as depositories for money obtained in providing illicit drugs to the United States and other countries of the region;
"(2) offshore banks which provide total confidentiality provide a service which materially assists the operations of illicit drug traffickers; and
"(3) cooperation in gaining access to the bank accounts of such narcotics traffickers would materially assist United States authorities in controlling the activities of such traffickers.
"(b)
"(1) requests the President to negotiate treaties or appropriate international agreements with all countries providing confidential banking services (giving high priority to countries in the Caribbean region) to provide disclosure to the United States Government of information contained in official records, and in records of bank accounts, concerning persons under investigation for violations of United States law, in particular those regarding international drug trafficking;
"(2) directs the President to include reports on the results of such efforts in the annual International Narcotics Control Strategy Report; and
"(3) reaffirms its intention to obtain maximum cooperation on the part of all governments for the purpose of halting international drug trafficking, and constantly to evaluate the cooperation of those governments receiving assistance from the United States."
Use of Funds Appropriated Prior to December 29, 1981, for Herbicide Eradication of Marihuana and Colombian Anti-Narcotics Enforcement Program
Section 502(a)(2)–(4) of
"(2) Assistance provided from funds appropriated, before the enactment of this Act [Dec. 29, 1981], to carry out section 481 of the Foreign Assistance Act of 1961 [this section] may be made available for purposes prohibited by subsection (d) of such section as in effect immediately before the enactment of this subsection [Dec. 29, 1981].
"(3) Funds appropriated for the fiscal year 1980 to carry out section 481 of the Foreign Assistance Act of 1961 [this section] which were obligated for assistance for the Republic of Colombia may be used for purposes other than those set forth in section 482(a)(2) of that Act [
"(4) Paragraphs (2) and (3) of this subsection shall apply only to the extent provided in advance in an appropriations Act. For such purpose, the funds described in those paragraphs are authorized to be made available for the purposes specified in those paragraphs."
United States Citizens Imprisoned in Mexico
Section 408 of
"(a) The Congress, while sharing the concern of the President over the urgent need for international cooperation to restrict traffic in dangerous drugs, is convinced that such efforts must be consistent with respect for fundamental human rights. The Congress, therefore, calls upon the President to take steps to insure that United States efforts to secure stringent international law enforcement measures are combined with efforts to secure fair and humane treatment for citizens of all countries.
"(b) The Congress requests that the President communicate directly to the President and Government of the Republic of Mexico, a nation with which we have friendly and cooperative relations, the continuing desire of the United States for such relations between our two countries and the concern of the United States over treatment of United States citizens arrested in Mexico."
Delegation of Presidential Authorities Under International Narcotics Control Act of 1990
Determination of President of the United States, No. 91–20, Jan. 25, 1991, 56 F.R. 8681, provided:
Memorandum for the Secretary of State [and] the Secretary of Defense
By virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the provisions of the International Narcotics Control Act of 1990 (the INCA),
(1) Delegate to the Secretary of State the functions conferred upon me by the following sections of the INCA:
Section 4(a) [Nov. 21, 1990,
(2) Delegate to the Secretary of Defense the functions conferred upon me by section 8 of the INCA [set out as a note above].
(3) Delegate to the heads of executive departments and agencies those functions under the INCA relating to notifications to the Congress insofar as such functions relate to programs for which those heads of departments and agencies have responsibilities for notifications to the Congress under Executive Order No. 12163, as amended [
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
George Bush.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2291–1. Repealed. Pub. L. 102–583, §6(e)(2), Nov. 2, 1992, 106 Stat. 4933
Section,
§2291–2. Repealed. Pub. L. 103–447, title I, §103(b), Nov. 2, 1994, 108 Stat. 4693
Section,
§2291–3. Repealed. Pub. L. 102–583, §6(e)(1), Nov. 2, 1992, 106 Stat. 4933
Section,
§2291–4. Official immunity for authorized employees and agents of United States and foreign countries engaged in interdiction of aircraft used in illicit drug trafficking
(a) Employees and agents of foreign countries
Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of a foreign country (including members of the armed forces of that country) to interdict or attempt to interdict an aircraft in that country's territory or airspace if—
(1) that aircraft is reasonably suspected to be primarily engaged in illicit drug trafficking; and
(2) the President of the United States, before the interdiction occurs, has determined with respect to that country that—
(A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and
(B) the country has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force directed against the aircraft.
(b) Employees and agents of United States
Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of the United States (including members of the Armed Forces of the United States) to provide assistance for the interdiction actions of foreign countries authorized under subsection (a) of this section. The provision of such assistance shall not give rise to any civil action seeking money damages or any other form of relief against the United States or its employees or agents (including members of the Armed Forces of the United States).
(c) Definitions
For purposes of this section:
(1) The terms "interdict" and "interdiction", with respect to an aircraft, mean to damage, render inoperative, or destroy the aircraft.
(2) The term "illicit drug trafficking" means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States is a signatory, or by the domestic law of the country in whose territory or airspace the interdiction is occurring.
(3) The term "assistance" includes operational, training, intelligence, logistical, technical, and administrative assistance.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Presidential Determinations Relating to Interdiction
The President made the determination required by subsec. (a)(2) of this section for the following countries:
Columbia, Determination No. 95–7, Dec. 1, 1994, 59 F.R. 64835.
Peru, Determination No. 95–9, Dec. 8, 1994, 59 F.R. 65231.
§2291–5. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities
(a) In general
(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.
(2)(A) The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to
(B) The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000.
(b) Additional requirement
The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a) of this section.
(c) Notification requirement
Before the export of any item authorized for transfer under subsection (a) of this section, the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under
(d) Sense of Congress
It is the sense of Congress that—
(1) all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.
(
Codification
Section was enacted as part of the Western Hemisphere Drug Elimination Act, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2291a. Authorization of appropriations
(a) Fiscal year authorization; availability of funds
(1) To carry out the purposes of
(2) Amounts appropriated under this subsection are authorized to remain available until expended.
(b) Procurement of weapons and ammunition
(1) Prohibition
Except as provided in paragraph (2), funds made available to carry out this part shall not be made available for the procurement of weapons or ammunition.
(2) Exceptions
Paragraph (1) shall not apply with respect to funds for the procurement of—
(A) weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes, or
(B) firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State engaged in activities under this part,
if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under
(c) Contributions and reimbursement
(1) To ensure local commitment to the activities assisted under this part, a country receiving assistance under this part should bear an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may bear such costs on an "in kind" basis.
(2)(A) The President is authorized to accept contributions from foreign governments to carry out the purposes of this part. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated pursuant to this part.
(B) At the time of submission of the annual congressional presentation documents required by
(3) The President is authorized to provide assistance under this part on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms and conditions as funds appropriated pursuant to this part.
(d) Administrative assistance
(1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters.
(2) Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for antinarcotics assistance to foreign countries.
(e) Advance notification of transfer of seized assets
The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity.
(f) Treatment of funds
Funds transferred to and consolidated with funds appropriated pursuant to this part may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this part. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this part.
(g) Excess property
For purposes of this part, the Secretary of State may use the authority of
(
Amendments
1996—Subsec. (c).
Subsecs. (f), (g).
1994—Subsec. (d).
Subsec. (e).
1992—Subsec. (a)(1).
Subsec. (b).
Subsecs. (c), (d).
1989—Subsec. (a)(1).
Subsec. (d).
1988—Subsec. (a).
1986—Subsec. (a)(1).
1985—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (d).
1981—Subsec. (a).
1980—Subsec. (a).
Subsec. (c).
1979—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(4).
1978—
1977—
1976—
1973—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Colombian Anti-Narcotics Enforcement Program
Section 402(c) of
Section Referred to in Other Sections
This section is referred to in
§2291b. Prohibition on use of foreign assistance for reimbursements for drug crop eradications
Funds made available to carry out this chapter may not be used to reimburse persons whose illicit drug crops are eradicated.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
§2291c. Requirements relating to aircraft and other equipment
(a) Retention of title to aircraft
(1) In general
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) Exceptions
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) Assistance for leasing of aircraft
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the "Foreign Military Financing Program" under section 23 of the Arms Export Control Act [
(B) Section 61(a)(3) 1 of that Act [
(C) To the extent that aircraft so leased were acquired under
(b) Permissible uses of aircraft and other equipment
The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this part are used only in ways that are consistent with the purposes for which such equipment was made available.
(c) Reports
In the reports submitted pursuant to
(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part, and
(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
(
References in Text
The Arms Export Control Act, referred to in subsec. (a)(3), is
Codification
The text of subsecs. (a) and (b) of
Amendments
1992—
Subsecs. (b), (c).
1990—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Training of Host Country Pilots
"(a)
"(b)
"(c)
[Functions of President under section 13 of
1 See References in Text note below.
§2291d. Records of aircraft use
(a) Requirement to maintain records
The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this part, including aircraft made available before October 27, 1986.
(b) Congressional access to records
The President shall make the records maintained pursuant to subsection (a) of this section available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.
(
Amendments
1992—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking
If any funds authorized to be appropriated for any fiscal year for assistance under this chapter are not used for assistance for the country for which those funds were allocated because of the requirements of
(1) International narcotics control assistance
Those funds may be transferred to and consolidated with the funds appropriated to carry out this part in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in
(2) Other assistance
Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under
(
References in Text
The Arms Export Control Act, referred to in par. (1), is
Amendments
1994—
1992—Subsec. (a).
Subsec. (b).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Supersedure of Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989
Section 4206(b) of
§2291f. Prohibition on assistance to drug traffickers
(a) Prohibition
The President shall take all reasonable steps to ensure that assistance under this chapter and the Arms Export Control Act [
(1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to narcotic or psychotropic drugs or other controlled substances; or
(2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such substance.
(b) Regulations
The President shall issue regulations specifying the steps to be taken in carrying out this section.
(c) Congressional review of regulations
Regulations issued pursuant to subsection (b) of this section shall be submitted to the Congress before they take effect.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Amendments
1994—Subsec. (a)(1).
1992—Subsec. (a)(1).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291g. Limitations on acquisition of real property and construction of facilities
(a) Acquisition of real property
(1) Prohibition
Funds made available to carry out this part may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces.
(2) Exception for certain leases
Paragraph (1) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years.
(3) Report
The Secretary of State shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate within 30 days after the end of each quarter of the fiscal year a detailed report on all leases entered into pursuant to paragraph (2), including the cost and duration of such lease, a description of the property leased, and the purpose for which such lease was entered into.
(b) Construction of facilities
(1) Limitation
Funds made available to carry out this part may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under
(2) Exception
Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less than $750,000 under this part.
(
Amendments
1992—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291h. Reporting requirements
(a) International narcotics control strategy report
Not later than March 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:
(1) For each country that received assistance under this part for either of the 2 preceding fiscal years, a report on the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(2)(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry).
(B) Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis.
(3) The identity of those countries which are—
(A) major illicit drug producing countries or major drug-transit countries as determined under
(B) major sources of precursor chemicals used in the production of illicit narcotics; or
(C) major money laundering countries.
(4) In addition, for each country identified pursuant to paragraph (3), the following:
(A) A description of the plans, programs, and timetables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments achieved in accord with those plans.
(B) Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions.
(5) In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B), a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances.
(6) In addition, for those countries identified pursuant to paragraph (3)(C)—
(A) which countries are parties to international agreements on a method for maintaining records of transactions of an established list of precursor and essential chemicals;
(B) which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and
(C) which countries have enacted national chemical control legislation which would impose specific recordkeeping and reporting requirements for listed chemicals, establish a system of permits or declarations for imports and exports of listed chemicals, and authorize government officials to seize or suspend shipments of listed chemicals.
(7) In addition, for those countries identified pursuant to paragraph (3)(D) the following:
(A)(i) Which countries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived from illegal drug sales in the United States or that otherwise significantly affect the United States;
(ii) which countries identified pursuant to clause (i) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings; and
(iii) which countries identified pursuant to clause (ii)—
(I) are negotiating in good faith with the United States to establish such a record-exchange mechanism, or
(II) have adopted laws or regulations that ensure the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investigations and proceedings.
(B) Which countries—
(i) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Financial Action Task Force, the policy directive of the European Community, the legislative guidelines of the Organization of American States, and other similar declarations; and
(ii) have entered into bilateral agreements for the exchange of information on money-laundering with countries other than the United States.
(C) Findings on each country's adoption of law and regulations considered essential to prevent narcotics-related money laundering. Such findings shall include whether a country has—
(i) criminalized narcotics money laundering;
(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recording of large currency transactions at thresholds appropriate to that country's economic situation;
(iii) required banks and other financial institutions to maintain, for an adequate time, records necessary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering cases;
(iv) required or allowed financial institutions to report suspicious transactions;
(v) established systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets;
(vi) enacted laws for the sharing of seized narcotics assets with other governments;
(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments investigating financial crimes related to narcotics; and
(viii) addressed the problem on international transportation of illegal-source currency and monetary instruments.
The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to address such obstacles, including the imposition of sanctions or penalties.
(b) Annual reports on assistance
(1) In general
At the time that the report required by subsection (a) of this section is submitted each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the assistance provided or proposed to be provided by the United States Government during the preceding fiscal year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production or trafficking.
(2) Information to be included
Each report pursuant to this subsection shall—
(A) specify the amount and nature of the assistance provided or to be provided;
(B) include, for each country identified in subsection (a)(3)(A) of this section, information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail—
(i) the assistance provided or to be provided to such country by that agency, and
(ii) the assistance provided or to be provided to that agency by such country,
with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and
(C) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and physical condition of each item of property transferred.
(
References in Text
Section 2015 of the International Narcotics Act of 1986, referred to in subsec. (a)(2)(A), probably means section 2015 of the International Narcotics Control Act of 1986,
Prior Provisions
A prior section 2291h,
Amendments
1995—
Subsec. (c).
1994—
Subsec. (a).
Subsec. (a)(3)(B) to (D).
Subsec. (c).
"(1) the term 'precursor chemical' has the same meaning as the term 'listed chemical' has under paragraph (33) of
"(2) the term 'major money laundering country' means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking."
Subsec. (d).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Statutory References to Annual Reports, Certifications, and Definitions
Section 6(a) of
Section Referred to in Other Sections
This section is referred to in
§2291i. Repealed. Pub. L. 104–66, title I, §1112(a), Dec. 21, 1995, 109 Stat. 723
Section,
§2291j. Annual certification procedures
(a) Withholding of bilateral assistance and opposition to multilateral development assistance
(1) Bilateral assistance
Fifty percent of the United States assistance allocated each fiscal year in the report required by
(2) Multilateral assistance
The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any major illicit drug producing country or major drug-transit country (as determined under subsection (h) of this section), except as provided in subsection (b) of this section. For purposes of this paragraph, the term "multilateral development bank" means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development.
(b) Certification procedures
(1) What must be certified
Subject to subsection (d) of this section, the assistance withheld from a country pursuant to subsection (a)(1) of this section may be obligated and expended, and the requirement of subsection (a)(2) of this section to vote against multilateral development bank assistance to a country shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by
(A) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(1) of this section be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2) of this section.
(2) Considerations regarding cooperation
In making the determination described in paragraph (1)(A), the President shall consider the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(3) Information to be included in national interest certification
If the President makes a certification with respect to a country pursuant to paragraph (1)(B), the President shall include in such certification—
(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and
(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own.
(c) Licit opium producing countries
The President may make a certification under subsection (b)(1)(A) of this section with respect to a major illicit drug producing country, or major drug-transit country, that is a producer of licit opium only if the President determines that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.
(d) Congressional review
Subsection (e) of this section shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) of this section at the time of submission of the report required by
(e) Denial of assistance for countries decertified
If the President does not make a certification under subsection (b) of this section with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (f) of this section are satisfied—
(1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; and
(2) the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) of this section shall apply with respect to that country, without regard to the date specified in that subsection.
(f) Recertification
Subsection (e) of this section shall apply to a country described in that subsection until—
(1) the President, at the time of submission of the report required by
(2) the President, at any other time, makes the certification described in subsection (b)(1)(B) of this section with respect to that country, except that this paragraph applies only if either—
(A) the President also certifies that—
(i) that country has undergone a fundamental change in government, or
(ii) there has been a fundamental change in the conditions that were the reason—
(I) why the President had not made a certification with respect to that country under subsection (b)(1)(A) of this section, or
(II) if he had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification, why the Congress enacted that joint resolution; or
(B) the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B) of this section.
Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.
(g) Senate procedures
Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(h) Determining major drug-transit and major illicit drug producing countries
Not later than November 1 of each year, the President shall notify the appropriate committees of the Congress of which countries have been determined to be major drug-transit countries, and which countries have been determined to be major illicit drug producing countries, for purposes of this chapter.
(
References in Text
Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g), is section 601(b) of
This chapter, referred to in subsec. (h), was in the original "this Act", meaning
Amendments
1995—
Subsec. (i).
1994—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsec. (d).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Certification for Major Illicit Drug Producing and Drug Transit Countries
Determination of President of the United States, No. 2000–16, Feb. 29, 2000, 65 F.R. 15797, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by section 490(b)(1)(A) of the Foreign Assistance Act of 1961, as amended [
The Bahamas, Bolivia, Brazil, China, Colombia, Dominican Republic, Ecuador, Guatemala, Hong Kong, India, Jamaica, Laos, Mexico, Pakistan, Panama, Peru, Taiwan, Thailand, Venezuela, and Vietnam.
By virtue of the authority vested in me by section 490(b)(1)(B) of the Act, I hereby determine that it is in the vital national interests of the United States to certify the following major illicit drug producing and/or major illicit drug transit countries:
Cambodia, Haiti, Nigeria, and Paraguay.
I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards set forth in section 490(b) for certification:
Afghanistan, Burma.
In making these determinations, I have considered the factors set forth in section 490 of the Act, based on the information contained in the International Narcotics Control Strategy Report of 2000. Analysis of the relevant U.S. vital national interests, as required under section 490(b)(3) of the Act in the case of the countries certified on this basis, is attached [not set out in the Code]. Given that the performance of all of these countries/jurisdictions has differed, I have also attached an explanatory statement for each of the other countries/jurisdictions subject to this determination [not set out in the Code].
You are hereby authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Prior certifications for major narcotics producing and transit countries were contained in the following:
Determination of President of the United States, No. 99–15, Feb. 26, 1999, 64 F.R. 11319.
Determination of President of the United States, No. 98–15, Feb. 26, 1998, 63 F.R. 12937.
Determination of President of the United States, No. 97–18, Feb. 28, 1997, 62 F.R. 11589.
Determination of President of the United States, No. 96–13, Mar. 1, 1996, 61 F.R. 9891.
Determination of President of the United States, No. 95–15, Feb. 28, 1995, 60 F.R. 12859.
Determination of President of the United States, No. 94–22, Apr. 1, 1994, 59 F.R. 17231.
Determination of President of the United States, No. 93–18, Mar. 31, 1993, 58 F.R. 19033.
Determination of President of the United States, No. 92–18, Feb. 28, 1992, 57 F.R. 8571.
Determination of President of the United States, No. 91–22, Mar. 1, 1991, 56 F.R. 10773.
Determination of President of the United States, No. 90–12, Feb. 28, 1990, 55 F.R. 10597.
Determination of President of the United States, No. 89–11, Feb. 28, 1989, 54 F.R. 9413.
Determination of President of the United States, No. 88–10, Feb. 29, 1988, 53 F.R. 11487.
Section Referred to in Other Sections
This section is referred to in
§2291k. Repealed. Pub. L. 104–66, title I, §1112(b), Dec. 21, 1995, 109 Stat. 724
Section,