Presidential Documents

56807 

Federal Register 

Vol. 70, No. 187 

Wednesday, September 28, 2005 

Title 3— 

The President 

Presidential Determination No. 2005–36 of September 14, 2005 

Presidential Determination on Major Drug Transit or Major 

Illicit Drug Producing Countries for Fiscal Year 2006 

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 or major illicit drug producing countries: 

Afghanistan, The Bahamas, Bolivia, Brazil, Burma, Columbia, Dominican 

Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, 

Pakistan, Panama, Paraguay, Peru, and Venezuela. 

A country’s presence on the Majors List is not necessarily an adverse reflection of its government’s counternarcotics efforts or level of cooperation with 

the United States. Consistent with the statutory definition of a major drugtransit or drug-producing country set fourth in section 481(e)(2) and (5) 

of the Foreign Assistance Act of 1961, as amended (FAA), one of the reasons 

that major drug transit or illicit drug producing countries are placed on 

the list is the combination of geographical, commercial, and economic factors 

that allow drugs to transit or be produced despite the concerned government’s 

most assiduous enforcement measures. 

Pursuant to section 706(2)(A) of the FRAA, I hereby designated Burma 

and Venezuela as countries that have failed demonstrably during the previous 

12 months to adhere to their obligations under international counternarcotics 

agreements and take the measures set fourth in section 489(a)(1) of the 

FAA. Attached to this report (Tab A) are justifications for the determinations 

on Burma and Venezuela, as required by section 706(2)(B). 

I have also determined, in accordance with provisions of section 706(3)(A) 

of the FRAA, that support for program to aid Venezuela’s democratic institutions, establish selected community development projects, and strengthen 

Venezuela’s political party system is vital to the national interests of the 

United States. 

I have removed China and Vietnam from the list of major drug transit 

or major illicit drug producing countries because there is insufficient evidence to suggest that China is a major source zone or transit country for 

illicit narcotics that significantly affects the United States. There is insufficient evidence to refute claims by the Government of Vietnam that they 

have virtually eliminated opium poppy production. Additionally, although 

cooperation with United States law enforcement is limited, there are no 

indications of a significant Vietnam-based drug threat to the United States. 

Despite the Government of Afghanistan’s counternarcotics efforts, we remain 

concerned about the disturbing magnitude of the drug trade and the prospect 

that opium poppy cultivation will likely increase in 2006. We are also 

concerned about government corruption, especially at the regional and local 

levels, impending counternarcotics efforts. For these efforts to be effective, 

government corruption with respect to the opium economy must be seriously 

addressed-by both local and central government authorities. 

The Government of Canada has made real progress in curbing the diversion 

into the United States of pseudoephedrine, which fuels the production of 

methamphetamine. There are indications, however, that Canadian-based 

56808 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Presidential Documents 

criminal groups are increasingly involved in the production of MDMA (Ecstasy) destined for the United States. Large scale cross-border trafficking 

of Canadian-grown marijuana remains a serious concern. The United States 

appreciates the excellent law enforcement cooperation with Canada in combating these shared threats. 

While Haiti made efforts this year to improve its performance, we reiterate 

our concerns from last year about the Interim Government of Haiti’s inability 

to effectively organize Haitian law enforcement resources to permit sustained 

counternarcotics efforts. Further, the national criminal justice system must 

be significantly strengthened in order to be effective and gain public confidence. 

The Government of The Netherlands has achieved considerable success in 

countering the production and flow of MDMA (Ecstasy) to the United States, 

and The Netherlands is commended for its enhanced efforts. In the coming 

year, the United States would like to build upon our law enforcement 

cooperation with the Dutch government through advancements in mutual 

legal assistance and direct engagement between our respective police agencies. 

Drug trafficking, money laundering, and other organized criminal activity 

in Nigeria remain major sources of concern to the United States. Progress 

over the past year on anti-money laundering controls is welcome, but much 

remains to be done to make such controls effective. Implementing anticorruption policies must advance more quickly, as corruption at all levels 

of government continues to hamper effective narcotics law enforcement. 

In addition, measures similar to those taken to improve drug law enforcement 

at Nigeria’s main airport need to be expanded to, and replicated at, Nigeria’s 

seaports, where drug trafficking is a growing concern. Finally, the National 

Drug Law Enforcement Agency (NDLEA) and other counternarcotics institutions should work towards developing the mindset and capacity to pursue 

investigations, and prosecutions of major drug traffickers based in the country. 

We remain concerned with the continued involvement by the Democratic 

People’s Republic of Korea (DPRK) in criminal activity, including drug production and drug trafficking. Given the close relationship between Japanese 

and Chinese criminal elements and DPRK drug traffickers in past smuggling 

incidents, there is a real possibility of continuing DPRK involvement in 

drug trafficking, even when a given incident appears only to involve ethnic 

Chinese or other organized Asian criminal groups. 

You are hereby authorized and directed to submit this determination to 

the Congress and to publish it in the Federal Register. 

W 

THE WHITE HOUSE, 

Washington, September 14, 2005. 

[FR Doc. 05–19548 

Filed 9–27–05; 9:25 am] 

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