Presidential Documents

54927 

Federal Register 

Vol. 73, No. 186 

Wednesday, September 24, 2008 

Title 3— 

The President 

Presidential Determination No. 2008–28 of September 15, 2008 

Major Drug Transit or Major Illicit Drug Producing Countries 

for Fiscal Year 2009 

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, Colombia, 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 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), one of the reasons 

that 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 despite the concerned government’s 

most assiduous enforcement measures. 

Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia, 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 forth in section 489(a)(1) of the FAA. 

Attached to this report are justifications for the determinations on Bolivia, 

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 programs to aid Venezuela’s democratic institutions and 

continued support for bilateral programs in Bolivia are vital to the national 

interests of the United States. 

Under the leadership of President Karzai, the Government of Afghanistan 

has made some progress in combating narcotics. However, drug trafficking 

remains a serious threat to the future of Afghanistan, contributing to widespread public corruption, damaging legitimate economic growth, and fueling 

violence and insurgency. 

A successful counternarcotics strategy in Afghanistan hinges on maintaining 

security, building public capacity, attaining local support, and actively pursuing our joint counternarcotics strategy. 

Poppy cultivation continues to be marked by the divide between the increasingly poppy-free northern provinces and the insurgency-dominated regions 

in the south. Through political will, and by using a mixture of incentives 

and disincentives, governors in key northern provinces like Badakshan and 

Nangarhar have significantly reduced poppy cultivation. 

Inspired by the Nangarhar model, the newly appointed governor of the 

southern province of Helmand has taken bold steps to implement the first 

truly serious counternarcotics campaign in the province. It is clear that 

progress in Helmand Province will not come easily. Drug control efforts 

in this area of pronounced poppy cultivation are thwarted by heavily entrenched Taliban centers of power. In 2007 Helmand Province cultivated 

more than half of Afghanistan’s illegal poppy crop. 


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54928 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Presidential Documents 

Difficult security conditions greatly impede counternarcotics operations, particularly in the south and southwest provinces, areas in which the insurgency 

and organized crime groups predominate and where over 85 percent of 

Afghan poppy is cultivated. 

Drug-related corruption in Afghanistan—one of the most intransigent problems in the country—must be confronted, particularly at provincial and 

district government levels. Corruption and illegal drugs in Afghanistan threaten to undermine all aspects of the country’s efforts to build a sustainable 

economic infrastructure and functioning democracy. 

The United States enjoys close cooperation with Canada across a broad 

range of law enforcement issues. Both of our nations face a serious challenge 

from the 2-way flow of drugs across our long border. While Canada is 

primarily a drug consuming country, it is also a significant producer of 

highly potent marijuana and has become the primary source country for 

MDMA (ecstasy) available in the United States. Additionally, Canada serves 

as a transit or diversion point for precursor chemicals and over-the-counter 

pharmaceuticals used to produce illicit synthetic drugs, most notably MDMA. 

While methamphetamine use has decreased in the United States, due in 

large part to past efforts to reduce precursor chemical diversion by Canadian 

authorities, production of finished methamphetamine is increasing in Canada 

and could lead to greater supplies in the United States. Canada is pursuing 

a new National Anti-Drug Strategy that focuses on proven approaches to 

reduce drug use and deter drug trafficking. The United States and Canada 

continue to work productively in joint law enforcement operations that 

disrupt drug and currency smuggling operations along the border. 

The growing expansion of drug trafficking in Central America poses serious 

challenges to the region’s limited capability to combat both the narcotics 

trade and organized crime. We are particularly concerned about the increasing 

presence of drug trafficking organizations in Central America that are fleeing 

more robust counternarcotics regimes elsewhere, especially in Mexico and 

Colombia. Often unimpeded, traffickers use long Central American coastlines 

for illegal maritime drug shipments. Even though there have been noteworthy 

seizures, a high proportion of drugs transiting Central America are not 

detected or seized. 

The March 2008 gun battle between drug organizations in Guatemala demonstrates that criminal organizations such as the Sinaloa cartel are trying 

to reinforce their trafficking strongholds in Central America. In 2008, Guatemala passed new anti-organized crime and extradition laws. While such 

actions are encouraging, Guatemala must work aggressively to implement 

these measures, just as neighboring countries must redouble their practical 

efforts to implement adopted reforms aimed at thwarting criminal activity. 

The United States is encouraged by the commitment of the Regional Integration System to a regional response, such as sharing counternarcotics intelligence. Support for cohesive regional institution-building and practical law 

enforcement enhancements in Central America are critical components to 

a successful regional counternarcotics strategy. We look forward to working 

with Guatemala and other Central American nations to support counternarcotics programs and the rule of law under the new Merida Initiative. 

The Government of Ecuador is committed to protecting its borders and 

territory against drug trafficking and other transnational crimes. The increased 

presence of Ecuadorian security forces in its counternarcotics efforts provided 

a more effective deterrent to drug production and trafficking. The identification of new trafficking trends and increased staffing and inspection at all 

air, land, and sea ports are also helping to hinder drug trafficking. With 

a system for tracking vessels already in place, Ecuador is expanding this 

capability and more effectively utilizing it as a tool for working with partner 

nations. The country’s ability to identify the nationality of ships is of special 

concern as considerable cocaine destined for the United States has been 

detected on Ecuadorian-flagged vessels. 


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The countries of West Africa have emerged as key transit hubs for Andean 

cocaine trafficked through Venezuela and Brazil and destined for European 

markets. This trafficking is undermining many of the already fragile institutions of countries in the region. Narcotics traffickers have focused their 

illegal activities in Guinea-Bissau, but have recently extended their operations 

south to Guinea. The presence of Latin American drug traffickers and the 

large quantities of cocaine trafficked openly suggest that drug criminals 

may exercise the prerogatives of sovereign nation-states in these two countries. West Africa has long been a hub for illicit criminal networks. West 

African states lack resources to sufficiently counter efforts by drug trafficking 

organizations whose activity threatens the stability of these countries and 

the well-being of their people. 

International donors and organizations are working to assist governments 

in their counternarcotic efforts. We support these efforts to preserve and 

protect stability and positive growth in this region. 

Nigeria, a major transit country for illicit drugs destined for the United 

States, continues to make some progress on counternarcotics and has cooperated effectively with the United States on drug-related money laundering 

cases. Since it began operations in 2005, the Nigerian Financial Intelligence 

Unit has investigated numerous suspicious transaction reports that have 

resulted in high-profile convictions recorded by the Economic and Financial 

Crimes Commission (EFCC). However, recent developments in Nigeria raise 

questions about whether the EFCC will remain an effective anticorruption 

agency. The United States Government has had extradition requests pending 

in Nigeria for years and is concerned that Nigeria’s extradition practices 

and procedures remain obstacles to the effectiveness of this essential counternarcotics law enforcement tool. We are encouraged that Nigeria’s use of 

U.S.-donated body scanners at its four major international airports has resulted in the arrest of numerous drug traffickers. Moreover, we fully support 

the National Drug Law Enforcement Agency’s recent cooperation in regional 

search and seizure operations. 

The Government of India maintains a strong track record of regulating, 

monitoring, and curbing its licit opium production and distribution process. 

India has introduced robust, high-tech methods to control cultivation by 

licensed opium farmers. In this sense, India must continue to refine its 

control measures to guard against the continuing problem of diversion of 

licit opium crops, grown for the production of pharmaceutical products, 

to illegal markets. The United States continues to be concerned about illicit 

opium poppy production in certain areas of the country, such as West 

Bengal and the state of Uttaranchal along the India-China Border, previously 

thought to be free of such cultivation. Nevertheless, during the past year 

the country has destroyed substantial areas of illicit poppy cultivation. The 

Indian Government must also continue to investigate cases of large, illicit 

poppy production and accordingly bring perpetrators to trial. The United 

States, along with other foreign governments and international organizations, 

has a good working relationship with India to interdict the flow of narcotics 

being smuggled across India’s borders. 


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54930 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Presidential Documents 

You are hereby authorized and directed to submit this report under section 

706 of the FRAA, transmit it to the Congress, and publish it in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, September 15, 2008. 

[FR Doc. E8–22590 

Filed 9–23–08; 8:45 am] 

Billing code 4710–10–P 


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