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 justification
In 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 countries
In 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 defined
In 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.
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).
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.
Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2020
Determination of President of the United States, No. 2019–22, Aug. 8, 2019, 84 F.R. 44679, 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, 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 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 transit or be produced, even if a government has engaged in robust and diligent narcotics control measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia and the illegitimate regime of Nicolas Maduro in Venezuela as having 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 [22 U.S.C. 2291h(a)(1)]. Included with this determination are justifications for the designations of Bolivia and the Maduro regime, 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 the legitimate interim government in Venezuela are vital to the national interests of the United States.
My Administration has devoted unprecedented resources to combating the scourge of illicit drugs in the United States, including by strengthening our country's borders and expanding programs to prevent illicit drug use and aid the recovery and treatment of those who need it. We are making steady progress to turn the tide of our country's drug epidemic, but more needs to be accomplished. This includes further efforts beyond our Nation's borders, by governments of countries where dangerous illegal drugs originate.
In Colombia, President Ivan Duque has made early progress in rolling back the record-high coca cultivation and cocaine production levels inherited from his predecessor and in leading efforts to restart a Colombian-led aerial eradication program. This progress needs to continue and expand, and my Administration will work with our Colombian partners to reach our joint 5-year goal to reduce coca cultivation and cocaine production by half by the end of 2023. We will also continue to coordinate closely with Colombia and other like-minded partners in our hemisphere to restore democracy in Venezuela. With the end of the Maduro dictatorship rife with criminal elements, the United States will have a much better opportunity to work with Venezuela to stem the flow of drugs leaving South America.
Along our southern border, Mexico needs to do more to stop the flow of deadly drugs entering our country. We need the Mexican government to intensify its efforts to increase poppy eradication, illicit drug interdiction, prosecutions, and asset seizures, and to develop a comprehensive drug control strategy. In particular, Mexico's full cooperation is essential to reduce heroin production and confront illicit fentanyl production and every form of drug trafficking, including through United States ports of entry.
Many Mexican military and law enforcement professionals, in cooperation with their United States counterparts, are bravely meeting this challenge and confronting the transnational criminal organizations that threaten both of our countries. We need to see a sustained and unified commitment from Mexican government officials across military and civilian agencies and working with foreign partners. Without further progress over the coming year, I will consider determining that Mexico has failed demonstrably to uphold its international drug control commitments.
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 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. 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.
1 So in original. The word "section" probably should appear after "clause (i) or (ii) of".Tried the LawStack mobile app?
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