
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2291h]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
               Part VIII--International Narcotics Control
 
Sec. 2291h. Reporting requirements


(a) International narcotics control strategy report

    Not later than March 1 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 containing the following:
        (1) For each country that received assistance under this part 
    for either of the 2 preceding fiscal years, a report on the extent 
    to which the country 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, transport, 
        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 prevent 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.

        (2)(A) A description of the policies adopted, agreements 
    concluded, and programs implemented by the Department of State in 
    pursuit of its delegated responsibilities for international 
    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 laundering, and agreements 
    pursuant to section 2015 of the International 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 agencies, 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 Government 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 Government agencies are pursuing a common strategy with 
    respect to achieving international cooperation against money 
    laundering and are pursuing a common strategy with respect to major 
    money laundering countries, including a summary of United States 
    objectives on a country-by-country basis.
        (3) The identity of those countries which are--
            (A) major illicit drug producing countries or major drug-
        transit countries as determined under section 2291j(h) of this 
        title;
            (B) major sources of precursor chemicals used in the 
        production of illicit narcotics; or
            (C) major money laundering countries.

        (4) In addition, for each country identified pursuant to 
    paragraph (3), the following:
            (A) A description of the plans, programs, and timetables 
        adopted by such country, including efforts to meet the 
        objectives of the United Nations Convention Against Illicit 
        Traffic in Narcotic Drugs and Psychotropic Substances, and a 
        discussion of the adequacy of the legal and law enforcement 
        measures taken and the accomplishments achieved in accord with 
        those plans.
            (B) Whether as a matter of government policy or practice, 
        such country 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 country engages in, encourages, or 
        facilitates the illicit production or distribution of such drugs 
        or substances, or the laundering of proceeds from illegal drug 
        transactions.

        (5) In addition, for each country identified pursuant to 
    paragraph (3)(A) or (3)(B), a detailed status report, with such 
    information as can be reliably obtained, on the narcotic or 
    psychotropic drugs or other controlled substances which are being 
    cultivated, produced, or processed in or transported 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.
        (6) In addition, for those countries identified pursuant to 
    paragraph (3)(C)--
            (A) which countries are parties to international agreements 
        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 recordkeeping and 
        reporting requirements for listed chemicals, establish a system 
        of 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 those countries identified pursuant to 
    paragraph (3)(D) the following:
            (A)(i) Which countries have financial institutions engaging 
        in currency transactions involving international narcotics 
        trafficking proceeds that include significant amounts of United 
        States currency or currency derived from illegal drug sales in 
        the United States or that otherwise 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 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 establish such a record-exchange mechanism, or
                (II) have adopted laws or regulations that ensure the 
            availability to appropriate United States Government 
            personnel and those of other governments of adequate records 
            in connection with narcotics investigations and proceedings.

            (B) Which countries--
                (i) have ratified the United Nations Convention Against 
            Illicit Traffic in Narcotic Drugs and Psychotropic 
            Substances and are taking steps to implement that Convention 
            and other applicable agreements and conventions such as the 
            recommendations of the Financial Action Task Force, the 
            policy directive of the European Community, 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-laundering with countries 
            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 recording of large 
            currency transactions at thresholds appropriate to that 
            country's economic situation;
                (iii) required banks and other financial institutions to 
            maintain, for an adequate time, records necessary 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) established systems for identifying, tracing, 
            freezing, seizing, and forfeiting narcotics-related assets;
                (vi) enacted laws for the sharing of seized narcotics 
            assets with other governments;
                (vii) cooperated, when requested, with appropriate law 
            enforcement agencies of other governments investigating 
            financial 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 address such 
    obstacles, including the imposition of sanctions or penalties.

(b) Annual reports on assistance

                           (1) In general

        At the time that the report required by subsection (a) of this 
    section 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 
        (a)(3)(A) of this section, information from the Drug Enforcement 
        Administration, the Customs Service, and the Coast Guard 
        describing in detail--
                (i) the assistance provided or to be provided to such 
            country 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 fiscal 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 Government in 
        connection with narcotics-related activity, including an 
        estimate of the fair market value and physical condition of each 
        item of property transferred.

(Pub. L. 87-195, pt. I, Sec. 489, as added Pub. L. 102-583, Sec. 5(a), 
Nov. 2, 1992, 106 Stat. 4917; amended Pub. L. 103-447, title I, 
Sec. 101(f)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66, title I, 
Sec. 1112(c), Dec. 21, 1995, 109 Stat. 724.)

                       References in Text

    Section 2015 of the International Narcotics Act of 1986, referred to 
in subsec. (a)(2)(A), probably means section 2015 of the International 
Narcotics Control Act of 1986, Pub. L. 99-570, which is set out as a 
note under section 1902 of Title 46, Appendix, Shipping.


                            Prior Provisions

    A prior section 2291h, Pub. L. 87-195, pt. I, Sec. 489, as added 
Pub. L. 100-690, title IV, Sec. 4507, Nov. 18, 1988, 102 Stat. 4286, 
related to permissible uses of aircraft and other equipment, prior to 
amendment by Pub. L. 102-583, Sec. 4(f)(2), Nov. 2, 1992, 106 Stat. 
4917, which also transferred subsecs. (a) and (b) to section 2291c(b) 
and (c) of this title, respectively, and repealed the designation, 
heading, and subsecs. (c) and (d).


                               Amendments

    1995--Pub. L. 104-66, Sec. 1112(c)(1), struck out ``for fiscal year 
1995'' after ``Reporting requirements'' in section catchline.
    Subsec. (c). Pub. L. 104-66, Sec. 1112(c)(2), struck out heading and 
text of subsec. (c). Text read as follows: ``This section applies only 
during fiscal year 1995. Section 2291i of this title does not apply 
during that fiscal year.''
    1994--Pub. L. 103-447, Sec. 101(f)(1)(A), substituted ``for fiscal 
year 1995'' for ``for fiscal years 1993 and 1994'' in section catchline.
    Subsec. (a). Pub. L. 103-447, Sec. 101(f)(1)(B)(i), substituted 
``March 1'' for ``April 1'' in introductory provisions.
    Subsec. (a)(3)(B) to (D). Pub. L. 103-447, Sec. 101(f)(1)(B)(ii), 
redesignated subpars. (C) and (D) as (B) and (C), respectively, and 
struck out former subpar. (B) which read as follows: ``the significant 
direct or indirect sources of narcotics and psychotropic drugs and other 
controlled substances significantly affecting the United States;''.
    Subsec. (c). Pub. L. 103-447, Sec. 101(f)(1)(D), (E), redesignated 
subsec. (d) as (c) and amended heading and text generally. Prior to 
amendment, text read as follows: ``This section applies only during 
fiscal years 1993 and 1994. Section 2291i of this title does not apply 
during those fiscal years.''
    Pub. L. 103-447, Sec. 101(f)(1)(C), struck out heading and text of 
subsec. (c). Text read as follows: ``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 802 of 
    title 21; and
        ``(2) the term `major money laundering country' means a country 
    whose financial institutions engage in currency transactions 
    involving significant amounts of proceeds from international 
    narcotics trafficking.''
    Subsec. (d). Pub. L. 103-447, Sec. 101(f)(1)(D), redesignated 
subsec. (d) as (c).

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


 Statutory References to Annual Reports, Certifications, and Definitions

    Section 6(a) of Pub. L. 102-583 provided that after Sept. 30, 1994, 
any reference in any provision of law to section 2291h or 2291j of this 
title would be deemed a reference to the corresponding provision of 
section 2291i or 2291k of this title, respectively, unless the context 
required otherwise; any reference in any provision of law enacted before 
Nov. 2, 1992, to section 2291(e) or (i) of this title be deemed a 
reference to section 2291h or 2291(e) of this title, respectively; and 
that any reference in any provision of law enacted before Nov. 2, 1992, 
to section 2291(h) of this title be deemed, as of Oct. 1, 1992, to be a 
reference to section 2291j of this title, prior to repeal by Pub. L. 
103-447, title I, Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.

                  Section Referred to in Other Sections

    This section is referred to in sections 2291, 2291c, 2291j of this 
title; title 19 sections 2492, 2494.
