22 U.S.C. § 2291j–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 justification
In 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 countries
In 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 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) 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.
(Pub. L. 107–228, div. A, title VI, § 706, Sept. 30, 2002, 116 Stat. 1424; Pub. L. 109–177, title VII, § 722(c), Mar. 9, 2006, 120 Stat. 269; Pub. L. 117–81, div. F, title LXVI, § 6610(d), Dec. 27, 2021, 135 Stat. 2448.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
heading: Amendments
text: 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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: 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.
heading: Definitions
text: 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.
heading: Executive Documents
heading: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023
text: Determination of President of the United States, No. 2022–23, Sept. 15, 2022, 87 F.R. 58251, 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 sections 481(e)(2) and 481(e)(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 Afghanistan, Bolivia, Burma, 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 Afghanistan, Bolivia, Burma, 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 Afghanistan, Bolivia, Burma, and Venezuela are vital to the national interests of the United States.
Addressing the ongoing and increasingly staggering toll of the drug addiction and overdose epidemic in the United States, which tragically claimed nearly 108,000 lives in 2021, remains one of the foremost public health priorities of my Administration. Through our 2022 National Drug Control Strategy, my Administration will focus on critical drivers of the epidemic, including untreated addiction and drug trafficking, and will redouble efforts to strengthen foreign partnerships to address drug production and trafficking, particularly to tackle the shared challenge of synthetic drugs.
My Administration’s Fiscal Year 2023 Budget request calls for $24.3 billion to support evidence-based prevention and treatment, including 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 production, trafficking, and use, and to counter the deleterious impact of narcotics-related corruption. My Administration is expanding cooperation globally to bolster efforts to address the production and trafficking of dangerous synthetic drugs that are responsible for so many of our overdose deaths, particularly fentanyl, its analogues, and methamphetamine. We will look to expand cooperation with China, India, and other chemical source countries to disrupt the global flow of synthetic drugs and their precursor chemicals. Under the U.S.-Mexico Bicentennial Framework for Security, Public Health, and Safe Communities, we support and encourage Mexican efforts to target clandestine drug laboratories, chemists, and companies involved in chemical diversion; to enact stronger chemical control and accountability frameworks; to increase interdiction of precursor chemicals and finished synthetic drugs in transit; and to arrest key organized crime figures involved in the synthesis and trafficking of fentanyl and methamphetamine and the laundering of drug proceeds. The United States is encouraged by Afghanistan’s ban on opium poppy cultivation, production, and trafficking, and will monitor the implementation of this ban. The United States is also encouraged by Bolivia’s counternarcotics efforts over the past year, including increased cooperation with international partners. I encourage Bolivia’s government to take additional steps to safeguard the country’s licit coca markets from criminal exploitation, to reduce illicit coca cultivation that continues to exceed legal limits under Bolivia’s domestic laws for medicinal and traditional use, and to continue international collaboration to disrupt drug traffickers. In addition, while the foregoing list is focused by law on drug trafficking and the production of plant-based drugs and synthetic opioids that significantly affects the United States, addressing the global proliferation of other dangerous synthetic drugs remains a key drug control priority of my Administration.
You are authorized and directed to submit this designation, with the Afghanistan, Bolivia, Burma, 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. 2021–13, Sept. 15, 2021, 86 F.R. 52819.
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.
heading: Presidential Determination on Waiving a Restriction on United States Assistance to Bolivia Under Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003
text: 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.