International Narcotics Control Act of 1992
PL 102-583 (H.R.6187), enacted 11/02/1992

106 STAT. 4914 
PUBLIC LAW 102-583—NOV. 2, 1992 
Nov. 2, 1992 
[H.R. 6187] 
International 
Narcotics 
Control Act of 
1992. 
22 use 2151 
note. 
Public Law 102-583 
102d Congress 
An Act 
To amend the Foreign Assistance Act of 1961 with respect to international narcotics 
control programs and activities, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ''International Narcotics Control 
Act of 1992". 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. 
Sec. 2. 
Sec. 3. 
Sec. 4. 
Sec. 5. 
Sec. 6. 
Sec. 7. 
Sec. 8. 
Sec. 9. 
Sec. 10. 
Sec. 11. 
Sec. 12. 
Short title. 
Table of contents. 
Authorizations of appropriations. 
Amendments relating to certain authorities and requirements. 
Annual reporting and certification requirements. 
Technical, conforming, and other amendments; repeal of obsolete provisions. 
Exemption of narcotics-related militaiy assistance for fiscal years 1993 and 
1994 from prohibition on assistance for law enforcement agencies. 
Waiver of restrictions for narcotics-related economic assistance. 
Transfers of excess defense articles for countemarcotics purposes. 
, Participants in international military education and training programs. 
, Definition of appropriate congressional committees. 
, Export-Import Bank financing of sales of defense articles or services. 
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
22 use 2291a. 
Section 482(aXl) of the Foreign Assistance Act of 1961 is 
amended by striking out "$115,000,000 for fiscal year 1990" and 
inserting in lieu thereof "$147,783,000 for fiscal year 1993 and 
$171,500,000 for fiscal year 1994". 
SEC. 4. AMENDMENTS RELATING TO CERTAIN AUTHORITIES AND 
REQUIREMENTS. 
(a) PoucY STATEMENT.—Section 481 of the Foreign Assistance 
22 use 2291. 
Act of 1961 is amended by striking out the section designation 
and section heading and subsection (aXD and inserting in Ueu 
thereof the following: 
'nSEC. 481. POUCY, GENERAL AUTHORITIES, COORDINATION, FOREIGN 
POUCE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS. 
"
(
a
) 
PoucY 
AND 
GENERAL 
AUTHORITIES.— 
"(1) STATEMENTS OF POUCY.—(A) International narcotics 
trafficking poses an unparalleled transnational threat in toda/s 
world, and its suppression is among the most important foreign 
policy objectives of the United States. 
"(B) Under the Single Convention on Nsircotic Drugs, 1961, 
and under the United Nations Convention Against Illicit Trafiic 
in Narcotic Drugs and Psychotropic Substances, the parties 
are required to criminalize certain drug-related activities, pro-
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4915 
vide appropriately severe penalties, and cooperate in the extra-
dition of accused offenders. 
"(C) International 
narcotics 
control programs 
should 
include, as priority goals, the suppression of the illicit manufac-
ture of and trafficking in narcotic and psychotropic drugs, 
money laundering, and precursor chemical (Aversion, and the 
progressive elimination of the illicit cultivation of the crops 
from which narcotic and psychotropic drugs are derived. 
"(D) The international community should provide assist-
ance, where appropriate, to those producer and transit countries 
which require assistance in discharging these primary obliga-
tions. 
**(E) The objective of the United States in dealing with 
the problem of international money laimdering is to ensure 
that coimtries adopt comprehensive domestic measures against 
money laundering and cooperate with each other in narcotics 
money laundering investigations, prosecutions, and related 
forfeiture actions. 
"(F) Effective international cooperation is necessary to con-
trol the illicit cultivation, production, and smuggling of, traffick-
ing in, and abuse of narcotic and psychotropic drugs.". 
(b) AUTHORITY TO CONCLUDE AGREEMENTS.—Section 481(aX2) 
of that Act is amended by inserting ", including reciprocal maritime 
22 USC 2291. 
agreements," after "agreements". 
(c) 
COORDINATION OF ALL UNITED STATES ANTINARCOTICS 
ASSISTANCE TO FOREIGN COUNTRIES.—Section 481(b) of that Act 
is amended to read as follows: 
"(b) 
COORDINATION OF ALL UNITED STATES ANTINARCOTICS 
ASSISTANCE TO FOREIGN COUNTRIES.— 
"(1) RESPONSIBILITY OF SECRETARY OF STATE.—Consistent 
with subtitle A of title I of the Anti-Drug Abuse Act of 1988, 
the Secretary of State shall be responsible for coordinating 
all assistance provided by the United States Government to 
support international efforts to combat illicit narcotics produc-
tion or trafficking. 
"(2) RULE OF CONSTRUCTION.—Nothing contained in this 
subsection or section 489(b) shall be construed to limit or impair 
the authority or responsibility of any other Federal agency 
with respect to law enforcement, domestic security operations, 
or intelligence activities as defined in Executive Order 12333.". 
(d) MARITIME LAW ENFORCEMENT IN ARCHIPELAGIC WATERS.— 
Section 481(c)(4) of that Act is amended by inserting "or archipelagic 
waters" aft«r "sea". 
(e) PROCUREMENT OF WEAPONS AND AMMUNITION.—Section 
482(b) of that Act is amended to read as follows: 
22 USC 2291a. 
"(b) PROCUREMENT OF WEAPONS AND AMMUNITION.— 
"(1) PROHIBITION.—Except as provided in paragraph (2), 
funds made available to carry out this chapter shall not be 
made available for the procurement of weapons or ammunition. 
"(2) EXCEPTIONS.—Paragraph (1) shall not apply with 
respect to funds for the procurement of— 
"(A) weapons or ammunition provided only for the 
defensive arming of aircraft used for narcotics-related pur-
poses, or 
"(B) firearms and related ammunition provided only 
for defensive purposes to employees or contract personnel 
106 STAT. 4916 
PUBLIC LAW 102-583—NOV. 2, 1992 
of the Department of State engaged in activities under 
this chapter, 
if, at least 15 days before obligating those fiinds, the President 
notifies the appropriate congressional committees in accordance 
with the procedures applicable to reprogramming notifications 
under section 634A''. 
(f) REQUIREII«ENTS RELATING TO AIRCRAFT AND OTHER EQUIP-
MENT — 
22 use 2291c. 
(1) RETENTION OF TITLE.—Section 484 of that Act is 
amended to read as follows: 
"SEC. 484. REQUIREMENTS RELATING TO AIRCRAFT AND OTHER 
EQUIPBIENT. 
"(a) RETENTION OF TTTLE TO AIRCRAFT.— 
**(!) IN GENERAL.—(A) Except as provided in paragraph 
(2), any aircraft made available to a foreign country un^r 
this chapter, or made available to a foreign country primsurily 
for narcotics-related purposes under any other provision of law, 
shall be provided only on a lease or loan basis. 
"(B) Subparagraph (A) applies to aircraft made available 
at any time after October 27, 1986 (which was the date of 
enactment of the International Narcotics Control Act of 1986). 
"(2) EXCEPTIONS.—(A) Paragraph (1) shall not apply to 
the extent that— 
"(i) the application of that paragraph with respect to 
particular aircraft would be contrary to the national 
interest of the United States; and 
"(ii) the President notifies the appropriate congres-
sional committees in accordance with Uie procecmres 
applicable to reprogramming notifications unc^r section 
634A 
"(B) Paragraph (1) does not apply with respect to aircraft 
made available to a foreign countxy under any provision of 
law that authorizes property that has been civilly or criminally 
forfeited to the United States to be made available to foreign 
countries. 
"(3) ASSISTANCE FOR LEASING OF AIRCRAFT.—(A) For pur-
poses of satisfying the requirement of paragraph (1), fimds 
made available for the Toreign Military Financing Program' 
under section 23 of the Arms Export Control Act may be used 
to finance the leasing of aircraft under chapter 6 of that Act. 
"(B) Section 61(aX3) of that Act shall not apply with respc^ 
to leases so financed; rather the entire cost of any such lease 
(including any renewals) shall be an initial, one time payment 
of the amount which would be the sales price for the aircraft 
if they were sold under section 21(aXlXB) or section 22 of 
that Act (as appropriate). 
"(C) To the extent that aircraft so leased were acquired 
under chapter 5 of that Act, fands used pursuant to this para-
graph to nnance such leases shall be credited to the Special 
Defense Acquisition Fund under chapter 5 of that Act (excluding 
the amount of fimds that reflects the charges described in 
section 21(eXl) of that Act). The fimds described in the par-
enthetical clause of the preceding sentence shall be available 
for payments consistent with sections 37(a) and 43(b) of that 
Act.*. 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4917 
(2) PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIP-
MENT.—Chapter 8 of part I of that Act is amended— 
(A) by striking out the section designation and section 
heacting of section 489; 
(B) in subsection (a) of section 489, by striking out 
"IN GENERAL" and inserting in lieu thereof "PERMISSIBLE 
USES OF AIRCRAFT AND OTHER EQUIPMENT"; 
(C) in subsection (b) of section 489 by striking out 
"subsection (e)" and inserting in Ueu thereof "section 
489(ar; 
(D) by redesignating subsections (a) and (b) of section 
489 as subsections (b) and (c) of section 484 and inserting 
those subsections after subsection (a) of section 484 (as 
amended by paragraph (1) of this subsection); and 
(E) by repeaUng subsections (c) and (d) of section 489. 
(3) RECORDS OF AIRCRAFT USE.—Section 485 of that Act 
is amended by striking out "Secretary of State" both places 
it appears and inserting in lieu thereof "President". 
(g) ACQUISITION OF REAL PROPERTY; CONSTRUCTION OF FACIU-
TIES.—^Section 488 of that Act is amended to read as follows: 
'^EC. 488. UMTTATIONS ON ACQUISITION OF REAL PROPERTY AND 
CONSTRUCTION OF FACIUnES. 
"(a) ACQUISITION OF REAL PROPERTY.— 
"(1) PROHIBITION.—^Funds made available to carry out this 
chapter may not be used to acquire (by purchase or other 
means) any land or other real property for use by foreign 
military, paramilitary, or law enforcement forces. 
"(2) EXCEPTION FOR CERTAIN LEASES.—Paragraph (1) shall 
not apply to the acquisition of real property by lease of a 
duration not to exceed 2 years. 
"(3) REPORT.—The Secretary of State shall provide to the 
Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate within 
30 days after the end of each quarter of the fiscal year a 
detailed report on all leases entered into pursuant to paragraph 
(2), including the cost and duration of such lease, a description 
of the property leased, and the purpose for which such lease 
was entered into. 
"(b) CONSTRUCTION OF FACILITIES.-
"(1) LIMITATION.—Funds made available to carry out this 
chapter may not be used for construction of facilities for use 
by foreign military, paramilitary, or law enforcement forces 
unless, at least 15 days before obligating funds for such 
construction, the President notifies the appropriate congres-
sional committees in accordance with procedures applicable 
to reprogramming notifications under section 634A 
^(2) EXCEPTION.—Paragraph (1) shall not apply to the 
construction of facilities which woiidd require the obUgation 
of less than $750,000 under this chapter.". 
SEC 6. ANNUAL REPORTING AND CERTIFICATION REQUIREMENTS. 
(a) REVISION OF REQUIREMENTS FOR FISCAL YEARS 1993 AND 
1994.—Chapter 8 of part I of the Foreign Assistance Act of 1961, 
as amended by the preceding section of this Act, is amended by 
adding at the end the following: 
22 use 2291h. 
22 use 2291h, 
2291c. 
22 use 2291d. 
22 use 2291g. 
106 STAT. 4918 
PUBLIC LAW 102-583—NOV. 2, 1992 
22 use 2291h. 
'<SEC. 489. REPORTING REQUIREMENTS FOR FISCAL YEARS 1998 AND 
1994» 
"(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— 
President. 
Not later than April 1 of each year, the President shall transmit 
to the Speaker of the House of Representatives, and to the Commit-
tee on Foreign Relations of the Senate, a report containing the 
following: 
"(1) For each country that received assistance under this 
chapter for either of the 2 preceding fiscal years, a report 
on tiie extent to which the country has— 
*
*
(
A
) met the goals and objectives of the United Nations 
Convention Against Illicit TrafiQc in Narcotic Drugs and 
Psychotropic Substances, including action on such issues 
as illicit cultivation, production, distribution, sale, trans-
port, and financing, and money laundering, asset seizure, 
extradition, mutual legal assistance, law enforcement and 
transit cooperation, precursor chemical control, and 
demand reduction; 
"
^ 
"(B) accomplished the goals described in an applicable 
bilateral narcotics agreement with the United States or 
a multilateral agreement; and 
"(C) taken legal and law enforcement measures to pre-
vent and punish public corruption, especially by senior 
government officials, that facilitates the production, 
processing, or shipment of narcotic and psychotropic drugs 
and other controlled substances, or tibat discourages the 
investigation or prosecution of such acts. 
''(2XA) A description of the policies adopted, agreements 
concluded, and programs implemented by the Department of 
State in pursuit of its delegated responsibilities for inter-
national narcotics control, including appropriate information 
on the status of negotiations between the United States and 
other countries on updated extradition treaties, mutual legal 
assistance treaties, precursor chemical controls, money launder-
ing, and agreements pursuant to section 2015 of the Inter-
national Narcotics Act of 1986 (relating to interdiction 
procedures for vessels of foreign registry). 
"(B) Information on multilateral and bilateral strategies 
with respect to money laundering pursued by the Department 
of State, the Department of Justice, the Department of the 
Treasury, and other relevant United States Government agen-
cies, either collectively or individually, to ensure the cooperation 
of foreign governments with respect to narcotics-related money 
laundering and to demonstrate that all United States Govern-
ment agencies are pursuing a common strategy with respect 
to major money laundering countries. The report shall include 
specific detail to demonstrate that all United States Govern-
ment agencies are pursuing a common strategy with respect 
to achieving international cooperation against money launder-
ing and are pursuing a common strategy with respect to msgor 
money laundering countries, including a simmiary of United 
States objectives on a country-by-country basis. 
"(3) The identity ofthose countries which are— 
"(A) msgor illicit drug producing coimtries or major 
drug-transit countries as determined under section 490(h); 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4919 
"(B) the significant direct or indirect sources of nar-
cotics and psychotropic drugs and other controlled sub-
stances significantly affecting the United States; 
"(C) msgor sources of precursor diemicals used in the 
production of illicit narcotics; or 
"(D) msgor money laundering countries. 
"(4) In addition, for each country identified pursuant to 
paragraph (3), the following: 
"(A) A description of the plans, programs, and time-
tables adopted by such country, including efforts to meet 
the objectives of the United Nations Convention Against 
Illicit Traffic in Narcotic Drugs and Psychotropic Sub-
stances, and a discussion of the adequacv of the legal 
and law enforcement measures taken and the accomplish-
ments achieved in accord with those plans. 
"(B) Whether as a matter of government policy or 
practice, such coimtry encourages or facilitates the illicit 
production or distribution of narcotic or psychotropic drugs 
or other controlled substances or the laundering of proceeds 
from illegal drug transactions; and whether any senior 
official of the government of such covmtry engages in, 
encourages, or facilitates the illicit production or distribu-
tion of such drugs or substances, or the laundering of 
proceeds fit)m illegal drug transactions. 
"(5) In addition, for each country identified pursuant to 
paragraph (3XA) or (3XB), a detailed status report, with such 
information as can be reliably obtained, on the narcotic or 
P
sychotropic drugs or other controlled substances which are 
eing cultivated, produced, or processed in or transported 
through such country, noting sigmficant changes in conditions, 
such as increases or decreases in the illicit cultivation and 
manufacture of and traffic in such drugs and substances. 
"(6) In addition, for those coimtries identified pursuant 
to paragraph (3XC)— 
"(A) which countries are parties to international agree-
ments on a method for maintaining records of transactions 
of an established list of precursor and essential chemicals; 
"(B) which countries have established a procedure by 
which such records may be made available to United States 
law enforcement authorities; and 
"(C) which countries have enacted national chemical 
control legislation which would impose specific record-
keeping and reporting requirements for listed chemicals, 
establish a system or permits or declarations for imports 
and exports of listed chemicals, and authorize government 
officials to seize or suspend shipments of listed chemicals. 
"(7) In addition, for uiose coimtries identified pursuant 
to paragraph (3XD) the following: 
"(AXi) Which coimtries have financial institutions 
engaging in currency transactions involving international 
narcotics trafficking proceeds that include significant 
amounts of United States currency or currency derived 
firom illegal drug sales in the United States or tnat other-
wise significantly affect the United States; 
"(ii) which countries identified pursuant to clause (i) 
have not reached agreement with the United States 
authorities on a mechanism for exchanging adequate 
106 STAT. 4920 
PUBLIC LAW 102-583—NOV. 2, 1992 
^ 
records in connection with narcotics investigations and 
proceedings; and 
"(iii) which countries identified pursuant to clause (ii>— 
"(I) are negotiating in good faith with the United 
States to estabUsh such a record-exchange mechanism, 
or 
"(11) have adopted laws or regulations that ensure 
the availability to appropriate United States Grovem-
ment personnel and those of other governments of 
adequate records in connection with narcotics inves-
tigations and proceedings. 
"(B) Which coimtries— 
"(i) have ratified the United Nations Convention 
Against Illicit Traffic in Narcotic Drugs £
L
n
d Psycho-
tropic Substances and are taking steps to implement 
that Convention and other applicable agreements and 
conventions such as the recommendations of the Finan-
cial Action Task Force, the policy directive of the Euro-
pean Commimity, the legislative guidelines of the 
Organization of American States, and other similar 
declarations; and 
"(ii) have entered into bilateral agreements for 
the exchange of information on money-laimdering with 
coimtries other than the United States. 
"(C) Findings on each country's adoption of law and 
regulations considered essential to prevent narcotics-
related money laundering. Such findings shall include 
whether a country has— 
"(i) criminalized narcotics money laundering; 
"(ii) required banks and other financial institutions 
to know and record the identity of customers engaging 
in significant transactions, including the recorcUng of 
large currency transactions at thresholds appropriate 
to uiat countiy 
s economic situation; 
"(iii) required banks and other financial institu-
tions to maintain, for an adequate time, records nec-
essary to reconstruct significant transactions through 
financial institutions in order to be able to respond 
quickly to information requests from appropriate 
government authorities in narcotics-related money 
laundering cases; 
"(iv) required or allowed financial institutions to 
report suspicious transactions; 
"(v) estabUshed systems for identifying, tracing, 
freezing, seizing, and forfeiting narcotics-related assets; 
"(vi) enacted laws for the sharing of seized narcot-
ics assets with other governments; 
"(vii) cooperated, when requested, with appropriate 
law enforcement agencies of other governments inves-
tigating fin£uicial crimes related to narcotics; and 
"(viii) addressed the problem on international 
transportation of illegal-source currency and monetary 
instruments. 
The report shall also detail instances of refusals to cooperate 
with foreign governments, and any actions taken by the United 
States Government and any international organization to 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4921 
address such obstacles, including the imposition of sanctions 
or penalties. 
"(b) ANNUAL REPORTS ON ASSISTANCE.— 
"(1) IN GENERAL.—At ttie time that the report required 
by subsection (a) is submitted each year, the Secretary of State, 
in consultation with appropriate United States Government 
agencies, shall report to the appropriate committees of the 
Congress on the assistance provided or proposed to be provided 
by the United States Government during the preceding fiscal 
year, the current fiscal year, and the next fiscal year to support 
international efforts to combat illicit narcotics production or 
trafficking. 
"(2) INFORMATION TO BE INCLUDED.—Each report pursuant 
to this subsection shall— 
"(A) specify the amount and nature of the assistance 
provided or to be provided; 
"(B) include, for each country identified in subsection 
(aX3XA), information from the Drug Enforcement Adminis-
tration, the Customs Service, and the Coast Guard describ-
ing in detail— 
"(i) the assistance provided or to be provided to 
such coimtry by that agency, and 
"(ii) the assistance provided or to be provided to 
that agency by such country, 
with respect to narcotic control efforts during the preceding 
fiscal year, the current fiscal year, and the next fisced 
year; and 
"(C) list all transfers, which were made by the United 
States Government during the preceding fiscal year, to 
a foreign country for narcotics control purposes of any 
property seized by or otherwise forfeited to the United 
States (jrovemment in connection with narcotics-related 
activity, including an estimate of the fair market value 
and physical conchtion of each item of property transferred. 
"(c) DEFINITIONS.—^As used in this section— 
"(1) the term 'precursor chemical' has the same meaning 
as the term listed chemical' has under paragraph (33) of section 
102 of the Controlled Substances Act (21 U.S.C. 902(33)); and 
"(2) the term 'major money laundering country* means a 
country whose financial institutions engage in currency trans-
actions involving significant amounts of proceeds fi'om inter-
national narcotics trafiicking. 
"(d) EFFECTIVE DATES OF SECTIONS.—^This section applies only 
during fiscal years 1993 and 1994. Section 489A does not apply 
during those fiscal years. 
•^EC. 489A. REPORTING 
REQUIREMENTS 
APPUCABLE 
AFTER 
22 USC 22911. 
SEPTEMBER SO, 1994. 
"(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— 
"(1) REQUIREMENT FOR REPORT.—Not later than March 1 President. 
of each year, the President shall transmit to the Speaker of 
the House of Representatives, and to the Committee on Foreign 
Relations of the Senate, a report on United States policy to 
establish and encourage an international strategy to prevent 
the ilUcit cultivation and manufacture of and trafiic in narcotic 
and psychotropic drugs and other controlled substances. 
106 STAT. 4922 
PUBLIC LAW 102-583—NOV. 2, 1992 
"(2) CONTENTS.—^Each report pursuant to this subsection 
shall include the following: 
"(A) A description of the policies adopted, agreements 
concluded, and programs implemented by the Department 
of State in pursuit of its delegated responsibilities for inter-
national narcotics control, including policy development, 
bilateral and multilateral funding and other support for 
international narcotics control projects, representations of 
the United States Government to international organiza-
tions and agencies concerned with narcotics control, train-
ing of foreign enforcement personnel, coordination of the 
international narcotics control activities of United States 
Government agencies, and technical assistance to inter-
national demand reduction programs. 
"(B) A description of the activities of the United States 
in international financial institutions to combat the entry 
of narcotic and psychotropic drugs and other controlled 
substances into the United States for the fiscal year just 
ended, for the current fiscal year, and for the next fiscal 
year. 
"(C) The identity of those coimtries which are the 
significant direct or indirect sources of narcotic and psycho-
tropic drugs and other controlled substances significantly 
affecting the United States. For each such country, each 
' report shall include the following: 
"(i) A detailed status report, with such information 
as can be reliably obtained, on the narcotic or psycho-
tropic drugs or other controlled substances which are 
being cultivated, produced, or processed in or trans-
ported through 
such country, 
noting 
significant 
changes in conditions, such as increases or decreases 
in the illicit cultivation and manufacture of and traffic 
in such drugs and substances. 
"(ii) A description of the assistance under this 
chapter and the other kinds of United States assistance 
which such country received in the preceding fiscal 
year, which are planned for such country for the cur-
rent fiscal year, and which are proposed for such coun-
try for the next fiscal year, with an analysis of the 
impact that the furnishing of each such kind of assist-
ance has had or is expected to have on the illicit 
cultivation and manufacture of and traffic in narcotic 
and psychotropic drugs and other controlled substances 
in such country. 
"(iii) A description of the plans, programs, and 
timetables adopted by such country for the progressive 
elimination of the illicit cultivation of narcotic and 
psychotropic drugs and other controlled substances, 
and a discussion of the adequacy of the legal' and 
law enforcement measures taken and the accomplish-
ments achieved in accord with these plans. 
"(iv) A discussion of the extent to which such coun-
try has cooperated with United States narcotics control 
efforts through the extradition or prosecution of drug 
traffickers, and, where appropriate, a description of 
the status of negotiations with such country to nego-
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4923 
tiate a new or updated extradition treaty relating to 
narcotics offenses. 
"(D) For each major illicit drug producing country for 
which the President is proposing to lumish United States 
assistance for the next fiscal year, a determination by 
the President of the maximum reductions in illicit drug 
production which are achievable during the next fiscal year. 
Each such determination shall be expressed in niunerical 
terms, such as the number of acres of illicitly cultivated 
controlled substances which can be eradicated. 
"(E) For each major illicit drug producing country 
which received United States assistance for the preceding 
fiscal year, the actual reductions in illicit drug production 
achieved by that country during such fiscal year. 
"(F) Specific comments and recommendations by appro-
priate Federal agencies involved in drug enforcement, 
including the United States Customs Service and the Drug 
Enforcement Administration, with respect to the degree 
to which countries listed in the report have, during the 
preceding year, cooperated fully with such agencies (as 
described in section 490A(b)). 
"(G) A description of the United States assistance for 
the preceding fiscal year which was denied, pursuant to 
section 490 or 490A, to each major illicit drug producing 
country and each major drug-transit country. 
"(b) MIDYEAR REPORT.—Not later than September 1 of each President. 
year, the President shall transmit to the Speaker of the House 
of Representatives, and to the Committee on Foreign Relations 
of the Senate, a complete and detailed midyear report on the activi-
ties and operations carried out under this chapter prior to such 
date. Such midyear report shall include the status of each agree-
ment concluded prior to such date with other coimtries to carry 
out this chapter. 
"(c) ANNUAL REPORTS ON ASSISTANCE.— 
"(1) IN GENERAL.—^At the time that the report required 
by subsection (a) is submitted each year, the Secretary of State, 
in consultation with appropriate United States Government 
agencies, shall report to the appropriate committees of the 
Congress on the assistance provided by the United States 
Government during the preceding fiscal year to support 
international efforts to combat illicit narcotics production or 
trafficking. 
"(2) INFORMATION TO BE INCLUDED.—^Each report pursuant 
to this subsection shall— 
"(A) specify the amount and nature of the assistance 
provided; 
"(B) include, for each coimtry which is a significant 
direct or indirect source of narcotic and psychotropic drugs 
and other controlled substances significantly affecting the 
United States, a section prepared by the Drug Enforcement 
Administration, a section prepared by the Customs Service, 
and a section prepared by the Coast Guard, which describes 
in detail— 
"(i) the assistance provided or to be provided (as 
the case may be) to such country by that agency, 
and 
106 STAT. 4924 
PUBLIC LAW 102-583—NOV. 2, 1992 
"(ii) the assistance provided or to be provided (as 
the case may be) to tnat agency by such coundry, 
with respect to narcotic control efforts during the preceding 
fiscal year, the current fiscal year, and me next fisciQ 
year; and 
"(C) list all transfers, which were made by the United 
States Government during the preceding fiscal year, to 
a foreign country for narcotics control purposes of any 
P
roperty seized by or otherwise forfeited to the United 
tates Government in connection with narcotics-related 
activity, including an estimate of the fair market value 
and physical concUtion of each item of property transferred. 
22 use 2291J. 
«SEC. 480. ANNUAL CERTIFICATION PROCEDURES FOR FISCAL YEARS 
1993 AND 1994. 
"(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION 
T
O MULTILATERAL DEVELOPMENT ASSISTANCE.— 
"(1) BILATERAL ASSISTANCE.—Fifty percent of the United 
States assistance allocated each fiscal year in tibe report 
required by section 653 for each migor illicit drug producing 
country or migor drug-transit country (as determined under 
subsection (h)) shall be Mdthheld 
fix)m 
obligation and expendi-
ture, except as provided in subsection (b). "niis 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 untU 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 
section 634A 
"(2) MULTILATERAL ASSISTANCE.—The Secretary of the 
Treasury shall instruct the United States Executive Director 
of each multilateral development bank to vote, on and after 
April 1 of each year, against any loan or other utilization 
of the fiinds of their respective institution to or for any migor 
illicit drug producing country or major drug-transit country 
(as determined under subsection (h)), except as provided in 
subsection (b). For purposes of this paragrapn, the term 'multi-
lateral development bank' means the International Bank for 
Reconstruction and Development, the International Develop-
ment Association, the Inter-American Development Bank, tiie 
Asian Development Bank, the Afiican Development Bank, and 
the European Bank for Reconstruction and Development. 
"(b) CERTIFICATION PROCEDURES.— 
"(1) WHAT MUST BE CERTIFIED.—Subject to subsection (d), 
the assistance withheld fit)m a country pursuant to subsection 
(aXD may be obligated and expended, and the requirement 
of subsection (aX2) to vote against multilateral development 
bank assistance to a country shall not apply, if the President 
determines and certifies to tiie Congress, at the time of the 
submission of the report required by scM^ion 489(a), that— 
"(A) during the previous year the country has 
cooperated fiilly with the United States, or has taken ade-
quate steps on its own, to achieve fiill compliance with 
tne goals and objectives established by the United Nations 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4925 
Convention Against Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances; or 
"(B) for a country that would not otherwise qualify 
for certification under subparagraph (A), the vital national 
interests of the United States require that the assistance 
withheld pursuant to subsection (aXl) be provided and 
that the United States not vote against multilateral devel-
opment bank assistance for that country pursuant to sub-
section (aX2). 
"(2) CONSIDERATIONS REGARDING COOPERATION.—In making 
the determination described in paragraph (IXA), the President 
shall consider the extent to which the coimtry has— 
*
*
(
A
) met the goals and objectives of the United Nations 
Convention Against Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances, including action on such issues 
as illicit cultivation, production, distribution, sale, trans-
port and financing, and money laundering, asset seizure, 
extradition, mutual legal assistance, law enforcement and 
transit cooperation, precursor chemical control, and 
demand reduction; 
"(B) accomplished the goals described in an applicable 
bilateral narcotics agreement with the United States or 
a multilateral agreement; and 
"(C) taken legal and law enforcement measures to pre-
vent and punish public corruption, especially by senior 
government officials, that facilitates the production, 
processing, or shipment of narcotic and psychotropic drugs 
and other controlled substances, or that discourages the 
investigation or prosecution of such acts. 
"(3) INFORMATION TO BE INCLUDED IN NATIONAL INTEREST 
CERTIFICATION.—^If the President makes a certification with 
respect to a country pursuant to paragraph (IXB), the President 
shall include in such certification— 
"(A) a full and complete description of the vital national 
interests placed at risk if United States bilateral assistance 
to that coimtry is terminated pursuant to this section and 
multilateral development bank assistance is not provided 
to such country; and 
"(B) a statement weighing the risk described in 
subparagraph (A) against the risks posed to the vital 
national interests oi the United States by the failure of 
such country to cooperate fiilly with the United States 
in combating narcotics or to take adequate steps to combat 
narcotics on its own. 
"(c) LICIT OPIUM PRODUCING COUNTRIES.—The President may 
make a certification under subsection (bXlXA) with respect to a 
major illicit drug producing country, or megor drug-transit country, 
that is a producer of licit opium only if the President determines 
that such countiy has taken adequate steps to prevent si^ificant 
diversion of its licit cultivation and production into the illicit mar-
ket, maintains production and stockpiles at levels no higher than 
those consistent with licit market demand, and prevents illicit 
cultivation and production. 
"(d) CONGRESSIONAL REVIEW.—Subsection (e) shall apply if, 
within 45 calendar days after receipt of a certification submitted 
under subsection (b) at the time of suomission of the report required 
by section 489(a), the Congress enacts a joint resolution disapprov-
106 STAT. 4926 
PUBLIC LAW 102-583—NOV. 2, 1992 
ing the determination of the President contained in such certifi-
cation. 
"(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If 
the President does not make a certification under subsection (b) 
with respect to a country or the Congress enacts a joint resolution 
disapproving such certification, then until such time as the condi-
tions specified in subsection (f) are satisfied— 
"(1) funds may not be obligated for United States assistance 
for that country, and funds previously obligated for United 
States assistance for that coimtry may not be expended for 
the purpose of providing assistance for that country; and 
"(2) the requirement to vote against multilateral develop-
ment bank assistance pursuant to subsection (aX2) shall appl^ 
with respect to that country, without regard to the date speci-
fied in that subsection. 
"(f) RECERTIFICATION.—Subsection (e) shall apply to a country 
described in that subsection until— 
"(1) the President, at the time of submission of the report 
required by section 439(a), makes a certification under sub-
section (b)(lXA) or (bXl)(B) with respect to that country, and 
the Congress does not enact a joint resolution under subsection 
(d) disapproving the determination of the President contained 
in that certification; or 
"(2) the President, at any other time, makes the certifi-
cation described in subsection (bXlXB) with respect to that 
country, except that this paragraph applies only if either— 
"(A) the President also certifies that— 
"(i) that country has imdergone a fundamental 
change in government, or 
'Xii) there has been a fundamental change in the 
conditions that were the reason— 
"(I) why the President had not made a certifi-
cation with respect to that country under sub-
section (bXlXA), or 
"(II) if he had made such a certification and 
the Congress enacted a joint resolution disapprov-
ing the determination contained in the certifi-
cation, why the Congress enacted that joint 
resolution; or 
"(B) the Congress enacts a ioint resolution approving 
the determination contained in the certification unaer sub-
section (bXlXB). 
Any certification under subparagraph (A) of paragraph (2) shall 
discuss the justification for the certification. 
"(g) CONGRESSIONAL REVIEW PROCEDURES.— 
"(1) SENATE.—^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. 
"(2) HOUSE OF REPRESENTATIVES.—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. 
"(h) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILUCIT 
DRUG PRODUCING COUNTRIES FOR FISCAL YEARS 1993 AND 1994.— 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4927 
Not later than January 1 of each year, the President shall notify 
the appropriate committees of the Congress of which countries 
have been determined to be m£gor drug-transit countries, and which 
countries have been determineid to be msgor illicit drug producing 
countries, for purposes of this Act. 
"(i) EFFECTIVE DATES OF SECTIONS.—^This section applies only 
during fiscal years 1993 and 1994. During those fiscal years, section 
490A does not apply and the definitions provided in section 481(eX2) 
and (5) do not apply. 
*«£€. 490A. ANNUAL CERTIFICATION PROCEDURES AFTER SEPTEM-
BER 30,1994. 
"(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION 
TO MULTILATERAL DEVELOPMENT ASSISTANCE.— 
"(1) BILATERAL ASSISTANCE.—Fifty percent of the United 
States assistance allocated each fiscal year in the report 
required by section 653 for each msgor illicit drug producing 
country or major drug-transit country shall be withheld from 
obligation and expenditure, except as provided in subsection 
(b). 
"(2) MULTILATERAL ASSISTANCE.—The 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 mi^or 
iUicit drug producing coimtry or major drug-transit country, 
except as provided in subsection (b). For purposes of this para-
graph, 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. 
"(b) CERTIFICATION PROCEDURE.— 
"(1) WHAT MUST BE CERTIFIED.—Subject to subsection (d), 
the assistance withheld from a country pursuant to subsection 
(aXl) may be obligated and expended, and the requirement 
of subsection (aX2) to vote against multilateral development 
bank assistance to a coimtry shall not apply, if the President 
determines and certifies to the Congress, at the time of the 
submission of the report required by section 489A(a), that— 
"(A) during the previous year the country has 
cooperated fully with the United States, or has taken ade-
quate steps on its own— 
"(i) in satisfying the goals agreed to in an 
applicable bilateral narcotics agreement with the 
IJnited States (as described in paragraph (2)) or a 
multilateral agreement which achieves the objectives 
of paragraph (2), 
"(ii) in preventing narcotic and psychotropic drugs 
and other controlled substances produced or processed, 
in whole or in part, in such country or transported 
through such coimtry, from being sold illegally within 
the jurisdiction of such country to United States 
Grovemment personnel or their dependents or from 
being transported, directly or indirectly, into the 
United States, 
President. 
22 use 2291k. 
106 STAT. 4928 
PUBLIC LAW 102-583—NOV. 2, 1992 
"(iii) in preventing and punishing the laundering 
in that country of drug-related profits or drug-related 
moneys, and 
"(iv) in preventing and punishing bribery and other 
forms of public corruption which facilitate the produc-
tion, processing, or shipment of narcotic and psycho-
tropic drugs and other controlled substances, or which 
discourage the investigation and prosecution of such 
acts; or 
, 
"(B) for a country that would not otherwise qualify 
for certification imder subparagraph (A), the vital national 
interests of the United States require tiiat the assistance 
withheld pursuant to subsection (aXD be provided and 
that the United States not vote against multilateral devel-
opment bank assistance for that country pursuant to sub-
section (aX2). 
"(2) BILATERAL NARCOTICS AGREEMENT.—A bilateral narcot-
ics agreement referred to in paragraph (iXAXi) is an a^eement 
between the United States and a foreign coimtry m which 
the foreign country agrees to take specific activities, including, 
where applicable, efforts to— 
"(A) reduce drug production, drug consumption, and 
drug trafficking within its territory, including activities 
to address illicit crop eradication and crop substitution; 
"(B) increase drug interdiction and enforcement; 
"(C) increase drug treatment; 
"(D) increase the identification of and elimination of 
illicit drug laboratories; 
"(E) increase the identification of, and elimination of 
trafficking in, essential precursor chemicals for use in the 
illicit production of narcotic and psychotropic drugs and 
^
^ 
other controlled substances; 
"(F) increase cooperation with United States drug 
enforcement officials; and 
"(G) where applicable, increase participation in extra-
dition treaties, mutual legal assistance provisions directed 
at money laundering, sharing of evidence, and other initia-
tives for cooperative drug enforcement. 
"(3) REQUIREMENT FOR NARCOTICS AGREEMENT FOR CERTAIN 
COUNTRIES.—A countxy which in the previous year was des-
ignated as a mtgor illicit drug producmg country or a msyor 
drug-transit country may not be determined to be cooperating 
fully imder paragraph (IXA) unless it has in place a bilateral 
narcotics agreement with the United States or a multilateral 
agreement which achieves the objectives of paragraph (2). 
"(4) INFORMATION TO BE INCLUDED IN CERTIFICATION.—If 
the President makes a certification with respect to a country 
pursuant to paragraph dXB), the President shall include in 
such certification— 
"(A) a full and complete description of the vital national 
interests placed at risk if United States bilateral assistance 
to that coimtry is terminated pursuant to this section and 
multilateral development bank assistance is not provided 
to such coimtry; and 
"(B) a statement weighing the risk described in 
subparagraph (A) against the risks posed to the vital 
national interests of^the United States by tiie failure of 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4929 
such country to cooperate fully with the United States 
in combating narcotics or to take adequate steps to combat 
narcotics on its own. 
**(5) LICIT OPIUM PRODUCING COUNTMES.—The President 
may make a certification under paragraph (IXA) with respect 
to a xnajoT illicit drug producing country, or major drug-transit 
country, that is a producer of hcit opium only if the President 
determines that such country has taken adequate steps to 
prevent significant diversion of its licit cultivation and produc-
tion into the illicit market, maintains production and stockpiles 
at levels no higher than tiiose consistent with licit market 
demand, and prevents illicit cultivation and production. 
"(c) MATTERS TO BE CONSIDERED.—^In determining whether 
to make the certification required by subsection (b) with respect 
to a country, the President shall consider the following: 
"(1) Have the actions of the government of that country 
resulted in the maximum reductions in illicit drug production 
which were determined to be achievable pursuant to section 
489A(aX2XD)? In the case of a major illicit drug producing 
countr^r, the President shall give foremost consideration, in 
determining whether to make the determination required by 
subsection (bXlXA), to whether the government of that country 
has taken actions which have resulted in such reductions. 
"(2) Has that government taken the legal and law enforce-
ment measures to enforce in its territory, to the maximum 
extent possible, the elimination of illicit cultivation and the 
sui>pression of illicit manufacturing of and trafi&cking in nar-
cotic and psychotropic drugs and other controlled substances, 
as evidenced by seizures of such drugs and substances and 
of illicit laboratories and the arrest and prosecution of violators 
involved in the traffic in such drugs and substances signifi-
cantly affecting the United States? 
"(3) Has that government taken the legal and law enforce-
ment steps necessaiy to eliminate, to the maximum extent 
possible, the laundenng in that country of drug-related profits 
or drug-related moneys, as evidenced by— 
"(A) the enactment and enforcement by that govern-
ment of laws prohibiting such conduct; 
"(B) that government entering into, and cooperating 
imder the terms of, mutual legal assistance agreements 
with the United States governing (but not limited to) money 
laundering; and 
"(C) uie degree to which that government otherwise 
cooperates with United States law enforcement authorities 
on anti-money laundering efforts? 
"(4) Has that government taken the legal and law enforce-
ment steps necessaiy to eliminate, to the maximum extent 
possible, bribery and other forms of public corruption which 
facilitate the illicit production, processing, or shipment of nar-
cotic and psychotropic drugs and other controlled substances, 
or which discourage the investigation and prosecution of such 
acts, as evidenced by the enactment and enforcement of laws 
prohibiting such conduct? 
"(5) Has that government, as a matter of ^vemment policy 
or practice, encouraged or facilitated the ilhcit production or 
distribution of narcotic and psychotropic drugs and other con-
trolled substances? 
106 STAT. 4930 
PUBLIC LAW 102-583—NOV. 2, 1992 
"(6) Does any senior ofHcial of that government engage 
in, encourage, or facilitate the illicit production or distribution 
, 
of narcotic and psychotropic drugs and other controlled sub-
stances? 
"(7) Has that government investigated aggressivelv all 
, 
cases in which any member of an agency of the United States 
.*' 
Grovemment engaged in drug enforcement activities has been 
the victim, since January 1, 1985, of acts or threats of violence, 
inflicted by or with the complicity of any law enforcement 
or other officer of such country or any political subdivision 
thereof, and energetically sought to bring the perpetrators of 
such offense or offenses to justice? 
"(8) Having been requested to do so by the United States 
Grovemment, does that government fail to provide reasonable 
cooperation to lawful activities of United States drug enforce-
ment agents, including the refusal of permission to such agents 
engaged in interdiction of aerial smuggling into the United 
States to pursue suspected aerial smugglers a reasonable dis-
tance into the airspace of the requested country? 
"(9) Has that government made necessary changes in legal 
codes in order to enable law enforcement officials to move 
more effectively against narcotics traffickers, such as new 
conspiracy laws and new asset seizure laws? 
"(10) Has that government expeditiously processed United 
States extradition requests relating to narcotics trafficking? 
"(11) Has that government refused to protect or give haven 
to any known drug traffickers, and has it expeditiously proc-
essed extradition requests relating to narcotics trafficking made 
by other countries? 
"(d) CONGRESSIONAL REVIEW.—Subsection (e) shall apply if, 
within 45 days of continuous session (within the meaning of section 
601(bXl) of the International Security Assistance and Arms Export 
Control Act of 1976) after receipt of a certification under subsection 
(b), the Congress enacts a joint resolution disapproving the deter-
mination of the President contained in such certification. 
"(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If 
the President does not make a certification under subsection (b) 
with respect to a country or the Congress enacts a joint resolution 
disapproving such certification, then until such time as the condi-
tions specified in subsection (f)(1) are satisfied— 
"(1) funds may not be obligated for United States assistance 
for that country, and funds previously obligated for United 
States assistance for that country may not be expended for 
the purpose of providing assistance for that country; and 
"(2) the requirement to vote against multilateral develop-
ment bank assistance pursuant to subsection (aX2) shall apply 
with respect to that country, without regard to the date speci-
fied in that subsection. 
"(f) RECERTIFICATION.— 
"(1) TIME OF RECERTIFICATION; CONGRESSIONAL ACTION.— 
Subsection (e) shall apply to a country described in that sub-
section until— 
"(A) the President makes a certification imder sub-
section (b) with respect to that country, and the Congress 
does not enact a joint resolution under subsection (d) dis-
approving the determination of the President contained 
in that certification; or 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4931 
''(B) the President submits, at any other time, a certifi-
cation described in subparagraph (A) or (B) of subsection 
(bXD with respect to such country, and the Congress enacts 
a joint resolution approving the determination of the Presi-
dent cont£dned in that certification. 
"(2) CONGRESSIONAL REVIEW PROCEDURES.—(A) Any joint 
resolution under this section shall be considered in the Senate 
in accordance with the provisions of section 601(b) of the Inter-
national Security Assistance and Arms Export Control Act of 
1976. 
"(B) 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. 
"(g) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT 
DRUG PRODUCING COUNTRIES AFTER SEPTEMBER 30,1994.— 
"(1) ESTABLISHMENT OF GUIDELINES.—For each calendar 
year, the Secretary of State, after consultation with the appro-
priate committees of the Congress, shall establish nimierical 
standards £md other guidelines for determining which countries 
will be considered to be m£gor drug-transit countries under 
subparagraphs (A) and (B) of section 481(eX5). 
"(2) NOTICE TO CONGRESS OF PRELIMINARY STANDARDS.— 
Not later than September 1 of each year, the Secretary of 
State shall make a preliminary determination of the numerical 
standards and other guidelines to be used pursuant to para-
graph (1) with respect to that year and shall notify the appro-
priate committees of the Congress of those standards and 
guidelines. 
"(3) NOTICE TO CONGRESS OF PRELIMINARY DETERMINA-
TIONS.—^Not later than October 1 of each year, the Secretary 
of State shall notify the appropriate committees of the Congress 
of— 
"(A) which countries have been determined to be major 
drug-transit countries for that year under the numerical 
standards and other guidelines developed pursuant to this 
subsection; and 
"(B) which countries have been determined to be major 
illicit drug producing countries for that year.". 
(b) DEFINITION OF UNITED STATES ASSISTANCE.—Paragraph (4) 
of section 481(i) of that Act is amended to read as follows: 
22 use 2291. 
"(4) the term *United States assistance' means— 
"(A) any assistsmce under this Act (including programs 
under title IV of chapter 2, relating to the Overseas Private 
Investment Corporation), other than— 
"(i) assistance under this chapter, 
"(ii) any other narcotics-related assistcmce under 
this part (including chapter 4 of part II), but any 
such assist£ince providea under this clause shall be 
subject to the prior notification procedures applicable 
to reprogrammings pursuant to section 634A of this 
Act, 
"(iii) disaster relief assistance, including any 
assistance under chapter 9 of this part, 
"(iv) assistance which involves the provision of food 
(including monetization of food) or medicine, and 
106 STAT. 4932 
PUBLIC LAW 102-583—NOV. 2, 1992 
22 use 2291h 
note. 
22 use 2291. 
22 use 2291a. 
22 use 2291e. 
22 use 2291f. 
12 use 635. 
"(v) assistance for refugees; 
"(B) sales, or financing on any terms, under the Arms 
Export Control Act; 
"(C) the provision of agricultural commodities, other 
than food, under the Agricmtural Trade Development and 
Assistance Act of 1954; and 
"(D) financing imder the Export-Import Bank Act of 
1945;". 
SEC. 6. TECHNICAL, CONFORMING, AND OTHER AMENDMENTS; 
REPEAL OF OBSOLETE PROVISIONS. 
(a) 
STATUTORY REFERENCES TO ANNUAL REPORTS, CERTIFI-
CATIONS, AND DEFINITIONS.—After September 30, 1994, any ref-
erence in any provision of law to section 489 or 490 of the Foreign 
Assistance Act of 1961 shall be deemed to be a reference to the 
corresponding provision of section 489A or 490A, respectively, unless 
the context requires otherwise. Any reference in any provision of 
law enacted before the date of enactment of this Act to section 
481(e) or section 481(i) of that Act shall be deemed to be a reference 
to section 489 or section 481(e) (as amended by subsection (bX3) 
of this section), respectively; and any reference in any provision 
of law enacted before the date of enactment of this Act to section 
481(h) of that Act shall be deemed, as of October 1, 1992, to 
be a reference to section 490. 
(b) TECHNICAL AND CONFORMING AMENDMENTS TO FOREIGN 
ASSISTANCE ACT.—Chapter 8 of part I of the Foreign Assistance 
Act of 1961 is amended as follows: 
(1) Section 481(dX3) is amended by striking out "subsection 
(e)" and inserting in lieu thereof "section 489(a) . 
(2) Subsections (e), (f), (g), (h), (j), and (k) of section 481 
are repealed. 
(3) Subsection (i) of section 481 is amended by striking 
out "(i) As used in this section—^ and inserting in lieu thereof 
"(e) DEFINITIONS.—Except as provided in sections 49CKh) and 
(i) with respect to the definition of major illicit drug producing 
country and major drug-transit country, for purposes of this 
chapter and other provisions of this Act relating specifically 
to international narcotics matters—**. 
(4) Subsection (c) of section 482 is repealed, and subsection 
(d) of that section is redesignated as subsection (c). 
(5) Section 486 is amended— 
(A) in subsection (a), in the text preceding paragraph 
(1), by striking out "481(h)'* and inserting in lieu thereof 
"490"; and 
(B) in subsection (b), by striking out "(relating to for-
eign military sales financing)" and inserting in lieu thereof 
"(relating to the 'Foreign Military Financing Program')". 
(6) Section 487(aXl) is amended by striking out "(as defined 
in section 481(iX3) of this Act)". 
(c) CONFORMING AMENDMENTS TO EXPORT-IMPORT BANK ACT.— 
Section 2(bX6) of the Export-Import Bank Act of 1945 is amended— 
(1) in subparagraph (BXiii), by striking out "481(hX5)" and 
inserting in lieu thereof "490(e)"; and 
(2) in subparagraph (CXii), by striking out "defined in 
section 481(i)" and inserting in Ueu thereof "determined under 
section 490(h) or 481(e), as appropriate,". 
note, 2291-1. 
22 use 2420 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4933 
(d) AMENDMENT TO 1989 DRUG ACT.—Section 3 of the Inter-
national Narcotics Control Act of 1989 is amended by adding at 22 use 2291 
the end the following: 
"°^-
"(j) CERTAIN FUNDING LIMITATIONS.—The dollar limitations 
specified in subsections (cXD and (dXD shall not apply after the 
date of enactment of this subsection.". 
(e) REPEAL OF OBSOLETE PROVISIONS.— 
(1) 1988 D
R
U
G ACT.—All sections of the International 
Narcotics Control Act of 1988 (which is title IV of the Anti-
Drug Abuse Act of 1988) are repealed except for sections 4001, 102 Stat. 4261; 
4306, 4308, 4309, 4501, 4702, and 4804. Section 4501(b) of 22 use 2291-3. 
that Act is amended by striking out "Section 4601 of this 22 use 2291-2. 
title" and inserting in lieu thereof "Section 489(b) of the Foreign 
Assistance Act of 1961". 
(2) 1986 D
R
U
G ACT.—All sections of the International 
Narcotics Control Act of 1986 (which is title II of the Anti-
Drug Abuse Act of 1986) are repealed except for sections 2001, l
O
O Stat. 
2010, 2015, 2018, and 2029. 
I u"^^'229i 
SEC. 7. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE 
FOR FISCAL YEARS 1993 AND 1994 FROM PROHmiTION ON note 
ASSISTANCE FOR LAW ENFORCEMENT AGENCIES. 
(a) EXEMPTION.—For fiscal years 1993 and 1994, section 660 
of the Foreign Assistance Act of 1961 shall not apply with respect 
to— 
(1) transfers of excess defense articles under section 517 
of that Act; 
(2) funds made available for the "Foreign Military Financ-
ing Program" under section 23 of the Arais Export Control 
Act that are used for assistance provided for narcotics-related 
purposes; or 
(3) international military education and training under 
chapter 5 of part II of the Foreign Assistance Act of 1961 
that is provided for narcotics-related purposes. 
(b) NOTIFICATION TO CONGRESS.—-At least 15 days before any President. 
transfer under subsection (aXD or any obligation of funds under 
subsection (aX2) or (aX3), the President shall notify the appropriate 
congressional committees in accordance with the procedures 
applicable to reprogramming notifications under section 634A of 
the Foreign Assistance Act of 1961. 
(c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL 
ASSISTANCE PROGRAM.—^Assistance provided pursuant to this sec-
tion shall be coordinated with international narcotics control assist-
ance under chapter 8 of part I of the Foreign Assistance Act of 
1961. 
SEC. 8. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECO- 22 USC 2151 
NOMIC ASSISTANCE. 
note. 
For fiscal years 1992 through 1994, narcotics-related assistance 
under part I of the Foreign Assistance Act of 1961 may be provided 
notwithstanding any provision of law that restricts assist£ince to 
foreign coimtries (other than section 490(e) of that Act) if, at least 
15 days before obligating funds for such assistance, the President 
notifies the appropriate congressional committees in accordance 
with the procedures applicable to reprogramming notifications 
under section 634A of that Act. 
106 STAT. 4934 
PUBLIC LAW 102-583—NOV. 2, 1992 
SEC. 9. TRANSFERS 
OF 
EXCESS 
DEFENSE 
ARTICLES 
FOR 
COUNTERNARCOnCS PURPOSE& 
(a) 
CHANGES m AUTHORITIES.—Section 517 
of the 
Foreign 
22 use 2321k. 
Assistance Act of 1961 is amended— 
(1) in the section heading, by striking out iMUJTARY 
CAPABILITIES OF CERTAIN MAJOR ILUCIT DRUG PRODUCING" 
and inserting in lieu thereof "COUNTERNARCOTICS CAPABILI-
TIES OF CERTAIN"; 
(2) in subsection (aXD, by striking out "(as defined in 
section 481(iX2))'' and inserting in Ueu thereof "or a ms^or 
drug-transit countrsr"; 
(3) in subsection (b)— 
(A) by inserting "and local law enforcement agencies" 
after "military forces"; 
(B) by striking out "with local law enforcement agen-
cies" and inserting in lieu thereof "cooperatively"; and 
(C) by striking out "(as defined in section 481(iX3))"; 
(4) in subsection (d), by striking out "4601 of the Inter-
national Nsucotics Control Act of 1988" and inserting in heu 
thereof "481(b) of this Act"; 
(5) in subsection (i), by striking out "30" and inserting 
in lieu thereof "15"; and 
(6) by adding at the end the following: 
"(j) LIMITATION ON USE OF OTHER AUTHORITIES TO TRANSFER 
EXCESS DEFENSE ARTICLES.—The transfer authority provided in 
sections 518 and 519 may not be exercised with respect to any 
m^or illicit drug producing country or mcgor drug-transit country 
in Latin America or the Caribbean. 
"(k) EXCESS COAST GUARD PROPERTY.—AS used in this section, 
the term 'excess defense articles' shall be deemed to include excess 
property of the Coast Guard, and the term 'Department of Defense' 
shall be deemed, with respect to such excess property, to include 
the Coast Guard.". 
(b) EXCLUSION OF CONSTRUCTION EQUIPMENT FROM DEFINITION 
22 use 2403. 
QF EXCESS DEFENSE ARTICLES.—Section 644(g) of that Act is amend-
ed by inserting "(other than construction equipment, including trac-
tors, scrapers, loaders, graders, bulldozers, dump trucks, generators, 
and compressors)" after "articles" the second place it appears. 
SEC. 10. PARTICIPANTS IN INTERNATIONAL MILITARY EDUCATION 
AND TRAINING PROGRAMS. 
22 use 2347. 
Section 541 of the Foreign Assistance Act of 1961 is amended— 
(1) by inserting ", and may also include legislators," after 
"ministries of defense"; and 
(2) by striking out "or (iii)" and inserting in lieu thereof 
"(iii) contribute to cooperation between nulitary and law 
enforcement personnel with respect to coimtemarcotics law 
enforcement efforts, or (iv)". 
SEC. 11. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMIT-
TEES. 
(a) FOREIGN ASSISTANCE ACT AMENDMENTS.—Section 481(e) of 
22 use 2291. 
the Foreign Assistance Act of 1961, as amended by the preceding 
provisionsofthis Act, is amended— 
(1) by striking out the period at the end of paragraph 
(5) and inserting in lieu thereof"; and"; and 
(2) afi«r paragraph (5) insert the following: 
PUBLIC LAW 102-583—NOV. 2, 1992 
106 STAT. 4935 
"(6) the term 'appropriate congressional committees' means 
the Committee on Foreign Affairs and the Committee on Appro-
priations of the House of Representatives and the Committee 
on Foreign Relations and the Committee on Appropriations 
of the Senate.". 
(b) FREE-STANDING PROVISIONS OF Tms Acr.—As used in this 22 use 2151 
Act, the term ''appropriate congressional committees" has tlie defini- "°^-
tion given that term by section 481(eX6) of the Foreign Assistance 
Act of 1961 (as added by subsection (a) of this s^rtion). 
SEC. 12. EXPORT-IMPORT BANK FINANCING OF SALES OF DEFENSE 
ARTICLES OR SERVICES. 
(a) EXTENSION OF AUTHORITY.—Section 2(bX6) of the Export-
Import Bank Act of 1945 is amended by striking out "1992" in 12 use 635. 
subparagraph (BXvi) and inserting in lieu thereof "1997". 
(b) ADDITIONAL CRITERIA FOR NATIONAL INTEREST WAIVER.— 
Section 2(bX6XDXi) of that Act is amended by striking out "and" 
at the end of subclause (I), by redesignating subclause (II) as 
subclause (III), and by inserting after subclause (I) the following: 
"(11) the President determines, after consultation with the 
Assistant Secretary of State for Human Rights and Humani-
tarian Affairs, that the purchasing country has complied with 
all restrictions imposed oy the United States on the end use 
of any defense articles or services for which a guarantee or 
insurance was provided under subparagraph (B), and has not 
used any such defense articles or services to engage in a consist-
ent pattern of gross violations of intemationsQly recognized 
himian rights; and". 
(c) CONFORMING AMENDMENTS.— 
(1) EXPORT-IMPORT BANK ACT.—Section 2(bX6) of that Act 
is amended— 
(A) in subparagraph (A), by striking out "designated" 12 use 635. 
and all that follows through the end of the subparagraph 
and inserting in lieu thereof", except as otherwise provided 
in subparagraph (B)."; 
(B) in subparagraph (B)— 
(i) by striking out ", and section 32 of the Arms 
Export Control Act,"; and 
(ii) in clause (v), by striking out "and services" 
and inserting in Ueu thereof "or services"; 
(C) in subparagraph (DXiXIII), as so redesignated by 
subsection (b) of this section, by striking out "determination 
has" and inserting in lieu thereof "determinations have"; 
and 
(D) in subparagraph (DXii), by striking out "sentence" 
and inserting in lieu thereof "clause". 
(2) ARMS EXPORT CONTROL ACT.—^The Arms Export Control 
Act is amended by repealing section 32. 
22 use 2772. 
106 STAT. 4936 
PUBLIC LAW 102-583—NOV. 2, 1992 
(d) AvoroANCE OF DUPLICATIVE AMENDMENTS.—^If an Act is 
enacted during 1992 entitled "An Act to reauthorize the Export-
Import Bank of the United States" that contains amendments 
identical to amendments made by this section, the amendments 
contained in this section that are identical to the amendments 
contained in that Act shall not be effective. 
Approved November 2, 1992. 
'^ 
LEGISLATIVE HISTORY—H.R. 6187: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 7, considered and passed Senate.