
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-108 Section 503]
[CITE: 22USC2291-4]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
               Part VIII--International Narcotics Control
 
Sec. 2291-4. Official immunity for authorized employees and 
        agents of United States and foreign countries engaged in 
        interdiction of aircraft used in illicit drug trafficking
        

(a) Employees and agents of foreign countries

    Notwithstanding any other provision of law, it shall not be unlawful 
for authorized employees or agents of a foreign country (including 
members of the armed forces of that country) to interdict or attempt to 
interdict an aircraft in that country's territory or airspace if--
        (1) that aircraft is reasonably suspected to be primarily 
    engaged in illicit drug trafficking; and
        (2) the President of the United States, before the interdiction 
    occurs, has determined with respect to that country that--
            (A) interdiction is necessary because of the extraordinary 
        threat posed by illicit drug trafficking to the national 
        security of that country; and
            (B) the country has appropriate procedures in place to 
        protect against innocent loss of life in the air and on the 
        ground in connection with interdiction, which shall at a minimum 
        include effective means to identify and warn an aircraft before 
        the use of force directed against the aircraft.

(b) Employees and agents of United States

    Notwithstanding any other provision of law, it shall not be unlawful 
for authorized employees or agents of the United States (including 
members of the Armed Forces of the United States) to provide assistance 
for the interdiction actions of foreign countries authorized under 
subsection (a) of this section. The provision of such assistance shall 
not give rise to any civil action seeking money damages or any other 
form of relief against the United States or its employees or agents 
(including members of the Armed Forces of the United States).

(c) Definitions

    For purposes of this section:
        (1) The terms ``interdict'' and ``interdiction'', with respect 
    to an aircraft, mean to damage, render inoperative, or destroy the 
    aircraft.
        (2) The term ``illicit drug trafficking'' means illicit 
    trafficking in narcotic drugs, psychotropic substances, and other 
    controlled substances, as such activities are described by any 
    international narcotics control agreement to which the United States 
    is a signatory, or by the domestic law of the country in whose 
    territory or airspace the interdiction is occurring.
        (3) The term ``assistance'' includes operational, training, 
    intelligence, logistical, technical, and administrative assistance.

(Pub. L. 103-337, div. A, title X, Sec. 1012, Oct. 5, 1994, 108 Stat. 
2837.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1995, and not as part of the Foreign Assistance Act 
of 1961 which comprises this chapter.

          Presidential Determinations Relating to Interdiction

    The President made the determination required by subsec. (a)(2) of 
this section for the following countries:
    Columbia, Determination No. 95-7, Dec. 1, 1994, 59 F.R. 64835.
    Peru, Determination No. 95-9, Dec. 8, 1994, 59 F.R. 65231.
