Drug Certification/Designation Procedures for Illicit Narcotics Producing and Transit Countries

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

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Abstract:

This report summarizes the congressionally-mandated presidential designation procedures on major illicit narcotics producing and transit countries that will be fully in effect for fiscal year 2004 and subsequent years. To put the new procedures in perspective, the report also provides background on the past procedures and presidential actions, congressional reform efforts, and the transitional procedures in effect for fiscal years 2002 and 2003.

From the mid-1980s to 2001, Congress required the President to certify that specified drug producing and drug transit countries were cooperating fully with the United States in counter-narcotics efforts in order to avoid a series of sanctions, including suspension of U.S. foreign assistance, and opposition to loans in the multilateral development banks. The sanctions would also apply if the Congress, within 30 calendar days, passed a joint resolution of disapproval to overturn the presidential certification. Spokesmen from many countries complained about the unilateral and non-cooperative nature of the drug certification requirements, and a movement to modify the process developed in Congress in 2000-2002.

In 2001, the Congress and President enacted the Foreign Operations Appropriations for FY2002 (H.R. 2506/P.L. 107-115) that waived the drug certification requirements for FY2002 only, but required the President, with certain waiver authority, to designate and withhold assistance from the worst offending countries that had "failed demonstrably" to adhere to international counter-narcotics agreements. Acting under this legislation, the President, on February 23, 2002, designated Afghanistan, Burma and Haiti, but granted national interest waivers to Haiti and Afghanistan under the new government.

In 2002, the Congress and the President enacted the Foreign Relations Authorization for FY2003 (H.R. 1646/P.L. 107-228), with new drug designation procedures requiring the President to make a report in mid-September of each year, identifying the major drug transit or producing countries. At the same time he is required to designate and withhold assistance from any of the named countries that has "failed demonstrably," during the previous 12 months, to make substantial counter-narcotics efforts. Acting under these provisions, the President, relying upon the transitional rule, designated Burma, Guatemala, and Haiti, on January 31, 2003, but granted national interest waivers to Guatemala and Haiti.

In 2003 and subsequent years, the President is required by Section 706 of the Foreign Relations Authorization Act (P.L. 107-228), with some waiver authority, to identify the major drug producing or transit countries by September 15th, and to designate and withhold assistance from any of those countries that have "failed demonstrably" to adhere to international counter-narcotics agreements within the previous 12 months. Acting under these provisions, the President, on September 15, 2003, identified the major drug producing or transit countries. At the same time, he designated Burma and Haiti as having "failed demonstrably" in counter-narcotics efforts, but granted a national interest waiver to Haiti.