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—
(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;
(B)
designate each country, if any, identified under section 2291h(a)(10) of this title that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II [1] of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;
(C)
designate each country, if any, identified under section 2291h(a)(10) of this title that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)) [2];
(D)
include a justification for each country designated under subparagraph (A), (B), or (C).
(3) Limitation on assistance for designated countriesIn the case of a country identified in a report under paragraph (1) that is designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2), 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)
Notwithstanding paragraph (3), assistance to promote democracy (as described in section 2291(e)(4)(E) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(D)
Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 2291(e)(4)(F) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(E)
Notwithstanding paragraph (3), global health assistance (as described in section 2291(e)(4)(G) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph
(F)
Nothing in this section shall affect the requirements of section 2291j of this title with respect to countries identified pursuant to clause (i) or (ii) of section 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.



[1]  See References in Text note below.

[2]  So in original. Probably should be followed by a closing parenthesis.
Editorial Notes
References in Text

The Controlled Substances Act, referred to in par. (2)(B), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Title II of Pub. L. 91–513 does not itself contain a title II, but it does contain a part B, with provisions relating to controlled substance schedules, which is classified generally to part B (§ 811 et seq.) of subchapter I of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

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

2021—Par. (2). Pub. L. 117–81, § 6610(d)(1)(A), struck out “also” before dash at end of introductory provisions.

Par. (2)(B). Pub. L. 117–81, § 6610(d)(1)(D), added subpar. (B). Former subpar. (B) redesignated (D).

Par. (2)(C). Pub. L. 117–81, § 6610(d)(2), added subpar. (C).

Par. (2)(D). Pub. L. 117–81, § 6610(d)(1)(B), (C), (E), redesignated subpar. (B) as (D) and substituted “designated under subparagraph (A), (B), or (C)” for “so designated”.

Par. (3). Pub. L. 117–81, § 6610(d)(3), substituted “designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2)” for “also designated under paragraph (2) in the report” in introductory provisions.

Par. (5)(C) to (F). Pub. L. 117–81, § 6610(d)(4), added subpars. (C) to (E), redesignated former subpar. (C) as (F) and substituted “clause (i) or (ii) of section” for “section clause (i) or (ii) of”.

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

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 effective 90 days after Dec. 27, 2021, see section 6610(e) of Pub. L. 117–81, set out as a note under section 2291 of this title.

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.

Executive Documents
Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2022

Determination of President of the United States, No. 2021–13, Sept. 15, 2021, 86 F.R. 52819, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States, including section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) (FRAA) [22 U.S.C. 2291j–1(1)], I hereby identify the following countries as major drug transit or major illicit drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, the 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 neither a reflection of its government’s counterdrug efforts nor level of cooperation with the United States. Consistent with the statutory definition of a major drug transit or major illicit drug producing country set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of 1961, as amended (Public Law 87–195) (FAA) [22 U.S.C. 2291(e)(2), (5)], the reason countries are placed on the list is the combination of geographic, commercial, and economic factors that allow drugs to be transited or produced, even if a government has engaged in robust and diligent narcotics control and law enforcement measures.

Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia and Venezuela as having failed demonstrably to make substantial efforts during the previous 12 months to both adhere to their obligations under international counternarcotics agreements and to take the measures required by section 489(a)(1) of the FAA [22 U.S.C. 2291h(a)(1)]. Included with this determination are justifications for the designations of Bolivia and Venezuela, as required by section 706(2)(B) of the FRAA. I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that United States programs that support Bolivia and Venezuela are vital to the national interests of the United States.

The ongoing drug addiction and overdose epidemic in the United States is one of the foremost public health priorities of my Administration, and addressing this epidemic will require both new domestic investments and greater cooperation with foreign partners to target illicit drug suppliers and the criminal organizations that profit from them. While creating our first-year drug policy priorities, my Administration outlined a strategy that includes expanding access to prevention, treatment, evidence-based harm reduction, and recovery support services in order to curb the drug addiction and overdose epidemic. The American Rescue Plan Act of 2021 [Pub. L. 117–2, see Tables for classification] is an investment in these priorities, committing nearly $4 billion to support behavioral health and substance use disorder programs.

My Administration’s Fiscal Year 2022 Budget request itemizes $10.7 billion to support research, prevention, treatment, evidence-based harm reduction, and recovery support services, with targeted investments to meet the needs of populations at greatest risk for overdose and substance use disorder. The Budget request also includes significant investments to reduce the supply of illicit drugs originating from beyond our borders.

The United States is committed to working together with the countries of the Western Hemisphere as neighbors and partners to meet our shared challenges of drug trafficking and use. My Administration will seek to expand cooperation with key partners, such as Mexico and Colombia, to shape a collective and comprehensive response and expand efforts to address the production and trafficking of dangerous synthetic drugs that are responsible for many of our overdose deaths, particularly fentanyl, fentanyl analogues, and methamphetamine. In Mexico, we must continue to work together to intensify efforts to dismantle transnational criminal organizations and their networks, increase prosecutions of criminal leaders and facilitators, and strengthen efforts to seize illicit assets. In Bolivia, I encourage the government to take additional steps to safeguard the country’s licit coca markets from criminal exploitation and reduce illicit coca cultivation that continues to exceed legal limits under Bolivia’s domestic laws for medicinal and traditional use. In addition, the United States will look to expand cooperation with China, India, and other chemical source countries in order to disrupt the global flow of synthetic drugs and their precursor chemicals.

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

J.R. Biden, Jr.

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. 2020–11, Sept. 16, 2020, 85 F.R. 60351.

Determination of President of the United States, No. 2019–22, Aug. 8, 2019, 84 F.R. 44679.

Determination of President of the United States, No. 2018–12, Sept. 11, 2018, 83 F.R. 50239.

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

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.

Presidential Determination on Waiving a Restriction on United States Assistance to Bolivia Under Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003

Determination of President of the United States, No. 2020–05, Jan. 6, 2020, 85 F.R. 6731, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States, including section 706(3)(A) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) (FRAA) [22 U.S.C. 2291j–1(3)(A)], I hereby determine that the provision of United States assistance to Bolivia in Fiscal Year 2020 is vital to the national interests of the United States.

You are authorized and directed to submit this determination, with its memorandum of justification, under section 706 of the FRAA, to the Congress, and to publish it in the Federal Register.

Donald J. Trump.

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