Withholding of bilateral assistance and opposition to multilateral development assistance
Bilateral assistance
section 2413 of this titlesection 2291h(a)(8)(A) of this titlesection 2394–1 of this titleFifty percent of the United States assistance allocated each fiscal year in the report required by for each major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of shall be withheld from obligation and expenditure, except as provided in subsection (b). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under .
Multilateral assistance
section 2291h(a)(8)(A) of this titleThe 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)) or country identified pursuant to clause (i) or (ii) of , except as provided in subsection (b). 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.
Certification procedures
What must be certified
Considerations regarding cooperation
Information to be included in national interest certification
Licit opium producing countries
The President may make a certification under subsection (b)(1)(A) 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.
Congressional review
section 2291h(a) of this titleSubsection (e) shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) at the time of submission of the report required by , the Congress enacts a joint resolution disapproving the determination of the President contained in such certification.
Denial of assistance for countries decertified
Recertification
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.
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.
Pub. L. 87–195Pub. L. 102–583, § 5(a)106 Stat. 4924 Pub. L. 103–447, title I, § 101(g)(1)108 Stat. 4692 Pub. L. 104–66, title I, § 1112(d)109 Stat. 724 Pub. L. 109–177, title VII, § 722(b)120 Stat. 268 (, pt. I, § 490, as added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
section 601(b) of Pub. L. 94–32990 Stat. 765 Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g), is , title VI, , , which is not classified to the Code.
Pub. L. 87–19575 Stat. 424 section 2151 of this titleThis chapter, referred to in subsec. (h), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 109–177, § 722(b)(1)section 2291h(a)(8)(A) of this title2006—Subsec. (a)(1). , substituted “major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of ” for “major illicit drug producing country or major drug-transit country”.
Pub. L. 109–177, § 722(b)(2)section 2291h(a)(8)(A) of this titleSubsec. (a)(2). , inserted “or country identified pursuant to clause (i) or (ii) of ” after “(as determined under subsection (h))”.
Pub. L. 104–66, § 1112(d)(1)1995—, struck out “for fiscal year 1995” after “certification procedures” in section catchline.
Pub. L. 104–66, § 1112(d)(2)Section 2291k of this titleSubsec. (i). , struck out heading and text of subsec. (i). Text read as follows: “This section applies only during fiscal year 1995. does not apply during that fiscal year.”
Pub. L. 103–447, § 101(g)(1)(A)1994—, substituted “for fiscal year 1995” for “for fiscal years 1993 and 1994” in section catchline.
Pub. L. 103–447, § 101(g)(1)(B)Subsec. (a)(1). , struck out “(as determined under subsection (h) of this section)” after “drug-transit country”.
Pub. L. 103–447, § 101(g)(1)(C)Subsec. (a)(2). , substituted “March 1” for “April 1”.
Pub. L. 103–447, § 101(g)(1)(D)Subsec. (c). , substituted “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.” for “that such country has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit market, maintains production and stockpiles at levels no higher than those consistent with licit market demand, and prevents illicit cultivation and production.”
Pub. L. 103–447, § 101(g)(1)(E)Subsec. (d). , substituted “30 calendar days” for “45 calendar days”.
Pub. L. 103–447, § 101(g)(1)(F)Subsec. (g). , substituted “Senate procedures” for “Congressional review procedures” in heading, struck out designation and heading of par. (1), and struck out heading and text of par. (2). Text read as follows: “For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”
Pub. L. 103–447, § 101(g)(1)(G)Subsec. (h). , struck out “for fiscal years 1993 and 1994” after “drug producing countries” in heading and substituted “November 1” for “January 1” in text.
Pub. L. 103–447, § 101(g)(1)(H)section 2291k of this titleSubsec. (i). , amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “This section applies only during fiscal years 1993 and 1994. During those fiscal years, does not apply and the definitions provided in section 2291(e)(2) and (5) of this title do not apply.”
Executive Documents
Delegation of Functions
section 2381 of this titleFor delegation of functions of President under this section, see Ex. Ord. No. 12163, , 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. 2001–12, , 66 F.R. 14454, provided:
Memorandum for the Secretary of State
22 U.S.C. 2291j(b)(1)(A)By virtue of the authority vested in me by section 490(b)(1)(A) of the Foreign Assistance Act of 1961, as amended [] (the “Act”), I hereby determine and certify that the following major illicit drug producing and/or major illicit drug transit countries have cooperated fully with the United States, or have taken adequate steps on their own, to achieve full compliance with the goals and objectives of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances:
The Bahamas, Bolivia, Brazil, People’s Republic of China, Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam
By virtue of the authority vested in me by section 490(b)(1)(B) of the Act, I hereby determine and certify that, for the following major illicit drug producing and/or major illicit drug transit countries that do not qualify for certification under section 490(b)(1)(A), the vital national interests of the United States require that assistance not be withheld and that the United States not vote against multilateral development bank assistance:
Cambodia and Haiti
Analysis of the relevant U.S. vital national interests and risks posed thereto, as required under section 490(b)(3) of the Act, is attached for these countries [not set out in the Code].
I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards for certification set forth in section 490(b):
Afghanistan and 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 2001. Given that the performance of each of these countries has differed, I have attached an explanatory statement for each of the countries subject to this determination [not set out in the Code].
You are hereby authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register.
Prior certifications for major narcotics producing and transit countries were contained in the following:
Determination of President of the United States, No. 2000–16, , 65 F.R. 15797.
Determination of President of the United States, No. 99–15, , 64 F.R. 11319.
Determination of President of the United States, No. 98–15, , 63 F.R. 12937.
Determination of President of the United States, No. 97–18, , 62 F.R. 11589.
Determination of President of the United States, No. 96–13, , 61 F.R. 9891.
Determination of President of the United States, No. 95–15, , 60 F.R. 12859.
Determination of President of the United States, No. 94–22, , 59 F.R. 17231.
Determination of President of the United States, No. 93–18, , 58 F.R. 19033.
Determination of President of the United States, No. 92–18, , 57 F.R. 8571.
Determination of President of the United States, No. 91–22, , 56 F.R. 10773.
Determination of President of the United States, No. 90–12, , 55 F.R. 10597.
Determination of President of the United States, No. 89–11, , 54 F.R. 9413.
Determination of President of the United States, No. 88–10, , 53 F.R. 11487.
Presidential Determination Under Section 490(b)(1)(A) of the Foreign Assistance Act Relating to the Largest Exporting and Importing Countries of Certain Precursor Chemicals
Determination of President of the United States, No. 2007–14, , 72 F.R. 10881, provided:
Memorandum for the Secretary of State
Pursuant to section 490(b)(1)(A) of the Foreign Assistance Act, I hereby determine that the top five exporting and importing countries of pseudoephedrine and ephedrine in 2005 (Belgium, China, Germany, India, Indonesia, Mexico, Singapore, South Africa, South Korea, Switzerland, Taiwan, and the United Kingdom) have cooperated fully with the United States or have taken adequate steps on their 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.
You are directed to publish this determination in the Federal Register, and are authorized and directed to transmit to the Congress the report under section 722 of the Combat Methamphetamine Epidemic Act [of 2005].