22 U.S. Code § 2291j–1. International drug control certification procedures

During any fiscal year, funds that would otherwise be withheld from obligation or expenditure under section 2291j of this title may be obligated or expended beginning October 1 of such fiscal year provided that:
(1) Report

Not later than September 15 of the previous fiscal year the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug transit country or major illicit drug producing country as defined in section 2291(e) of this title.

(2) Designation and justificationIn each report under paragraph (1), the President shall also—
(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts—
(i)
to adhere to its obligations under international counternarcotics agreements; and
(ii)
to take the counternarcotics measures set forth in section 2291h(a)(1) of this title; and
(B)
include a justification for each country so designated.
(3) Limitation on assistance for designated countriesIn the case of a country identified in a report under paragraph (1) that is also designated under paragraph (2) in the report, United States assistance may be provided to such country in the subsequent fiscal year only if the President determines and reports to the appropriate congressional committees that—
(A)
provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or
(B) subsequent to the designation being made under paragraph (2)(A), the country has made substantial efforts—
(i)
to adhere to its obligations under international counternarcotics agreements; and
(ii)
to take the counternarcotics measures set forth in section 2291h(a)(1) of this title.
(4) International counternarcotics agreement definedIn this section, the term “international counternarcotics agreement” means—
(A)
the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as—
(i)
the production, distribution, and interdiction of illicit drugs;
(ii)
demand reduction;
(iii)
the activities of criminal organizations;
(iv)
international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence);
(v)
the extradition of nationals and individuals involved in drug-related criminal activity;
(vi)
the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity;
(vii)
border security;
(viii)
money laundering;
(ix)
illicit firearms trafficking;
(x)
corruption;
(xi)
control of precursor chemicals;
(xii)
asset forfeiture; and
(xiii)
related training and technical assistance,
and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.
(5) Application
(A)
Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.
(B)
Notwithstanding paragraphs (1) through (5)(A) of this section, the President may apply the procedures set forth in section 2291j(a) through (h) of this title during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug producing country as defined in section 2291(e) of this title.
(C)
Nothing in this section shall affect the requirements of section 2291j of this title with respect to countries identified pursuant to section [1] clause (i) or (ii) of 2291h(a)(8)(A) of this title.
(6) Statutory construction

Nothing in this section supersedes or modifies the requirement in section 2291h(a) of this title (with respect to the International Narcotics Control Strategy Report) for the transmittal of a report not later than March 1, each fiscal year under that section.

(7) Transition rule

For funds obligated or expended under this section in fiscal year 2003, the date for submission of the report required by paragraph (1) of this section shall be at least 15 days before funds are obligated or expended.

(8) Effective date

This section shall take effect September 30, 2002, and shall remain in effect thereafter unless Congress enacts subsequent legislation repealing such section.

(Pub. L. 107–228, div. A, title VI, § 706, Sept. 30, 2002, 116 Stat. 1424; Pub. L. 109–177, title VII, § 722(c), Mar. 9, 2006, 120 Stat. 269.)
Codification

Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Amendments

2006—Par. (5)(C). Pub. L. 109–177 added subpar. (C).

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2018

Determination of President of the United States, No. 2017–12, Sept. 13, 2017, 82 F.R. 45413, provided:

Memorandum for the Secretary of State

Pursuant to section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) (FRAA), I hereby identify the following countries as major drug transit and/or major illicit drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela.

A country’s presence on the foregoing list is not necessarily a reflection of its government’s counternarcotics efforts or level of cooperation with the United States. Consistent with the statutory definition of a major drug transit or drug producing country set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of 1961, as amended (FAA), the reason major drug transit or illicit drug producing countries are placed on the list is the combination of geographic, commercial, and economic factors that allow drugs to transit or be produced, even if a government has carried out the most assiduous narcotics control law enforcement measures.

Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia and Venezuela as countries that have failed demonstrably during the previous 12 months to adhere to their obligations under international counternarcotics agreements, and to take the measures required by section 489(a)(1) of the FAA. Included with this determination are justifications for the designations of Bolivia and Venezuela, as required by section 706(2)(B) of the FRAA [not set out in the Code].

In addition, the United States Government seriously considered designating Colombia as a country that has failed demonstrably to adhere to its obligations under international counternarcotics agreements due to the extraordinary growth of coca cultivation and cocaine production over the past 3 years, including record cultivation during the last 12 months. Ultimately, Colombia is not designated because the Colombian National Police and Armed Forces are close law enforcement and security partners of the United States in the Western Hemisphere, they are improving interdiction efforts, and have restarted some eradication that they had significantly curtailed beginning in 2013. I will, however, keep this designation under section 706(2)(A) of the FRAA as an option, and expect Colombia to make significant progress in reducing coca cultivation and production of cocaine.

I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that support for programs to aid the people of Venezuela are vital to the national interests of the United States.

You are hereby authorized and directed to submit this designation, with its Bolivia and Venezuela memoranda of justification, under section 706 of the FRAA, to the Congress, and publish it in the Federal Register.

Donald J. Trump.

Prior identifications of major drug transit or major illicit drug producing countries were contained in the following:

Determination of President of the United States, No. 2016–10, Sept. 12, 2016, 81 F.R. 64749.

Determination of President of the United States, No. 2015–12, Sept. 14, 2015, 80 F.R. 57063.

Determination of President of the United States, No. 2014–15, Sept. 15, 2014, 79 F.R. 56625.

Determination of President of the United States, No. 2013–14, Sept. 13, 2013, 78 F.R. 58855.

Determination of President of the United States, No. 2012–15, Sept. 14, 2012, 77 F.R. 58917.

Determination of President of the United States, No. 2011–16, Sept. 15, 2011, 76 F.R. 59495.

Determination of President of the United States, No. 2010–16, Sept. 15, 2010, 75 F.R. 67019, 68413.

Determination of President of the United States, No. 2009–30, Sept. 15, 2009, 74 F.R. 48369.

Determination of President of the United States, No. 2008–28, Sept. 15, 2008, 73 F.R. 54927.

Determination of President of the United States, No. 2007–33, Sept. 14, 2007, 43 Weekly Compilation of Presidential Documents 1216, Sept. 24, 2007.

Determination of President of the United States, No. 2006–24, Sept. 15, 2006, 71 F.R. 57865.

Determination of President of the United States, No. 2005–36, Sept. 14, 2005, 70 F.R. 56807.

Determination of President of the United States, No. 2004–47, Sept. 15, 2004, 69 F.R. 57809.

Determination of President of the United States, No. 2003–38, Sept. 15, 2003, 68 F.R. 54973.

Determination of President of the United States, No. 2003–14, Jan. 30, 2003, 68 F.R. 5787.

Definitions

For definition of “appropriate congressional committees” as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.



[1]  So in original. The word “section” probably should appear after “clause (i) or (ii) of”.