22 USC § 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—
(2)
the President of the United States has, during the 12-month period ending on the date of the interdiction, certified to Congress with respect to that country that—
(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)
Annual report
(1)
Except as provided in paragraph (2), not later than February 1 each year, the President shall submit to Congress a report on the assistance provided under subsection (b) of this section during the preceding calendar year. Each report shall include for the calendar year covered by such report the following:
(A)
A list specifying each country for which a certification referred to in subsection (a)(2) of this section was in effect for purposes of that subsection during any portion of such calendar year, including the nature of the illicit drug trafficking threat to each such country.
(d)
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.
(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—
(2)
the President of the United States has, during the 12-month period ending on the date of the interdiction, certified to Congress with respect to that country that—
(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)
Annual report
(1)
Except as provided in paragraph (2), not later than February 1 each year, the President shall submit to Congress a report on the assistance provided under subsection (b) of this section during the preceding calendar year. Each report shall include for the calendar year covered by such report the following:
(A)
A list specifying each country for which a certification referred to in subsection (a)(2) of this section was in effect for purposes of that subsection during any portion of such calendar year, including the nature of the illicit drug trafficking threat to each such country.
(d)
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.
Source
(Pub. L. 103–337, div. A, title X, § 1012,Oct. 5, 1994, 108 Stat. 2837; Pub. L. 107–108, title V, § 503,Dec. 28, 2001, 115 Stat. 1405; Pub. L. 107–306, title VIII, § 811(b)(6),Nov. 27, 2002, 116 Stat. 2425.)
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.
Amendments
2002—Subsec. (c)(1). Pub. L. 107–306, § 811(b)(6)(A), substituted “Except as provided in paragraph (2), not later than” for “Not later than”.
Subsec. (c)(2), (3). Pub. L. 107–306, § 811(b)(6)(B), (C), added par. (2) and redesignated former par. (2) as (3).
2001—Subsec. (a)(2). Pub. L. 107–108, § 503(a), substituted “has, during the 12-month period ending on the date of the interdiction, certified to Congress” for “, before the interdiction occurs, has determined” in introductory provisions.
Subsecs. (c), (d). Pub. L. 107–108, § 503(b), added subsec. (c) and redesignated former subsec. (c) as (d).
Delegation of Functions
Functions of President under subsec. (c) of this section delegated to Secretary of State, see Memorandum of President of the United States, July 21, 2010, 75 F.R. 43795, set out as a note under section
5202 of this title.
Presidential Determinations Relating to Interdiction
The President made the determination required by subsec. (a)(2) of this section for the following countries:
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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