
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2291j]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
               Part VIII--International Narcotics Control
 
Sec. 2291j. Annual certification procedures


(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 2413 of this title for 
    each major illicit drug producing country or major drug-transit 
    country shall be withheld from obligation and expenditure, except as 
    provided in subsection (b) of this section. This 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 until 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 
    2394-1 of this title.

                     (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 major illicit drug producing country or major drug-transit 
    country (as determined under subsection (h) of this section), except 
    as provided in subsection (b) of this section. For purposes of this 
    paragraph, 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 procedures

                     (1) What must be certified

        Subject to subsection (d) of this section, the assistance 
    withheld from a country pursuant to subsection (a)(1) of this 
    section may be obligated and expended, and the requirement of 
    subsection (a)(2) of this section to vote against multilateral 
    development bank assistance to a country shall not apply, if the 
    President determines and certifies to the Congress, at the time of 
    the submission of the report required by section 2291h(a) of this 
    title, that--
            (A) during the previous year the country has cooperated 
        fully with the United States, or has taken adequate steps on its 
        own, to achieve full compliance with the goals and objectives 
        established by the United Nations 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 (a)(1) of this section be 
        provided and that the United States not vote against 
        multilateral development bank assistance for that country 
        pursuant to subsection (a)(2) of this section.

              (2) Considerations regarding cooperation

        In making the determination described in paragraph (1)(A), the 
    President shall consider 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.

        (3) Information to be included in national interest 
                                certification

        If the President makes a certification with respect to a country 
    pursuant to paragraph (1)(B), 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 country 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 of 
        the United States by the failure of such country to cooperate 
        fully 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 (b)(1)(A) of 
this section with respect to a major illicit drug producing country, or 
major drug-transit country, that is a producer of licit opium only if 
the President determines that such country maintains licit production 
and stockpiles at levels no higher than those consistent with licit 
market demand, and has taken adequate steps to prevent significant 
diversion of its licit cultivation and production into the illicit 
markets and to prevent illicit cultivation and production.

(d) Congressional review

    Subsection (e) of this section shall apply if, within 30 calendar 
days after receipt of a certification submitted under subsection (b) of 
this section at the time of submission of the report required by section 
2291h(a) of this title, the Congress enacts a joint resolution 
disapproving the determination 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) 
of this section with respect to a country or the Congress enacts a joint 
resolution disapproving such certification, then until such time as the 
conditions specified in subsection (f) of this section 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 development 
    bank assistance pursuant to subsection (a)(2) of this section shall 
    apply with respect to that country, without regard to the date 
    specified in that subsection.

(f) Recertification

    Subsection (e) of this section shall apply to a country described in 
that subsection until--
        (1) the President, at the time of submission of the report 
    required by section 2291h(a) of this title, makes a certification 
    under subsection (b)(1)(A) or (b)(1)(B) of this section with respect 
    to that country, and the Congress does not enact a joint resolution 
    under subsection (d) of this section disapproving the determination 
    of the President contained in that certification; or
        (2) the President, at any other time, makes the certification 
    described in subsection (b)(1)(B) of this section with respect to 
    that country, except that this paragraph applies only if either--
            (A) the President also certifies that--
                (i) that country has undergone a fundamental change in 
            government, or
                (ii) there has been a fundamental change in the 
            conditions that were the reason--
                    (I) why the President had not made a certification 
                with respect to that country under subsection (b)(1)(A) 
                of this section, or
                    (II) if he had made such a certification and the 
                Congress enacted a joint resolution disapproving the 
                determination contained in the certification, why the 
                Congress enacted that joint resolution; or

            (B) the Congress enacts a joint resolution approving the 
        determination contained in the certification under subsection 
        (b)(1)(B) of this section.

Any certification under subparagraph (A) of paragraph (2) shall discuss 
the justification for the certification.

(g) Senate procedures

    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.

(h) Determining major drug-transit and major illicit drug producing 
        countries

    Not later than November 1 of each year, the President shall notify 
the appropriate committees of the Congress of which countries have been 
determined to be major drug-transit countries, and which countries have 
been determined to be major illicit drug producing countries, for 
purposes of this chapter.

(Pub. L. 87-195, pt. I, Sec. 490, as added Pub. L. 102-583, Sec. 5(a), 
Nov. 2, 1992, 106 Stat. 4924; amended Pub. L. 103-447, title I, 
Sec. 101(g)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66, title I, 
Sec. 1112(d), Dec. 21, 1995, 109 Stat. 724.)

                       References in Text

    Section 601(b) of the International Security Assistance and Arms 
Export Control Act of 1976, referred to in subsec. (g), is section 
601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765, which 
is not classified to the Code.
    This chapter, referred to in subsec. (h), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.


                               Amendments

    1995--Pub. L. 104-66, Sec. 1112(d)(1), struck out ``for fiscal year 
1995'' after ``certification procedures'' in section catchline.
    Subsec. (i). Pub. L. 104-66, Sec. 1112(d)(2), struck out heading and 
text of subsec. (i). Text read as follows: ``This section applies only 
during fiscal year 1995. Section 2291k of this title does not apply 
during that fiscal year.''
    1994--Pub. L. 103-447, Sec. 101(g)(1)(A), substituted ``for fiscal 
year 1995'' for ``for fiscal years 1993 and 1994'' in section catchline.
    Subsec. (a)(1). Pub. L. 103-447, Sec. 101(g)(1)(B), struck out ``(as 
determined under subsection (h) of this section)'' after ``drug-transit 
country''.
    Subsec. (a)(2). Pub. L. 103-447, Sec. 101(g)(1)(C), substituted 
``March 1'' for ``April 1''.
    Subsec. (c). Pub. L. 103-447, Sec. 101(g)(1)(D), substituted ``that 
such country maintains licit production and stockpiles at levels no 
higher than those consistent with licit market demand, and has taken 
adequate steps to prevent significant diversion of its licit cultivation 
and production into the illicit markets and to prevent illicit 
cultivation and production.'' for ``that such country has taken adequate 
steps to prevent significant diversion of its licit cultivation and 
production into the illicit market, maintains production and stockpiles 
at levels no higher than those consistent with licit market demand, and 
prevents illicit cultivation and production.''
    Subsec. (d). Pub. L. 103-447, Sec. 101(g)(1)(E), substituted ``30 
calendar days'' for ``45 calendar days''.
    Subsec. (g). Pub. L. 103-447, Sec. 101(g)(1)(F), substituted 
``Senate procedures'' for ``Congressional review procedures'' in 
heading, struck out designation and heading of par. (1), and struck out 
heading and text of par. (2). Text read as follows: ``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.''
    Subsec. (h). Pub. L. 103-447, Sec. 101(g)(1)(G), struck out ``for 
fiscal years 1993 and 1994'' after ``drug producing countries'' in 
heading and substituted ``November 1'' for ``January 1'' in text.
    Subsec. (i). Pub. L. 103-447, Sec. 101(g)(1)(H), amended heading and 
text of subsec. (i) generally. Prior to amendment, text read as follows: 
``This section applies only during fiscal years 1993 and 1994. During 
those fiscal years, section 2291k of this title does not apply and the 
definitions provided in section 2291(e)(2) and (5) of this title do not 
apply.''

                         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.

    Certification for Major Illicit Drug Producing and Drug Transit 
                                Countries

    Determination of President of the United States, No. 2000-16, Feb. 
29, 2000, 65 F.R. 15797, provided:
    Memorandum for the Secretary of State
    By virtue of the authority vested in me by section 490(b)(1)(A) of 
the Foreign Assistance Act of 1961, as amended [22 U.S.C. 
2291j(b)(1)(A)] (the ``Act''), I hereby determine and certify that the 
following major illicit drug producing and/or major illicit drug transit 
countries (and certain jurisdictions) have cooperated fully with the 
United States, or have taken adequate steps on their own, to achieve 
full compliance with the goals and objectives of the 1988 United Nations 
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic 
Substances:
        The Bahamas, Bolivia, Brazil, China, Colombia, Dominican 
    Republic, Ecuador, Guatemala, Hong Kong, India, Jamaica, Laos, 
    Mexico, Pakistan, Panama, Peru, Taiwan, Thailand, Venezuela, and 
    Vietnam.
    By virtue of the authority vested in me by section 490(b)(1)(B) of 
the Act, I hereby determine that it is in the vital national interests 
of the United States to certify the following major illicit drug 
producing and/or major illicit drug transit countries:
        Cambodia, Haiti, Nigeria, and Paraguay.
    I have determined that the following major illicit drug producing 
and/or major illicit drug transit countries do not meet the standards 
set forth in section 490(b) for certification:
        Afghanistan, Burma.
    In making these determinations, I have considered the factors set 
forth in section 490 of the Act, based on the information contained in 
the International Narcotics Control Strategy Report of 2000. Analysis of 
the relevant U.S. vital national interests, as required under section 
490(b)(3) of the Act in the case of the countries certified on this 
basis, is attached [not set out in the Code]. Given that the performance 
of all of these countries/jurisdictions has differed, I have also 
attached an explanatory statement for each of the other countries/
jurisdictions subject to this determination [not set out in the Code].
    You are hereby authorized and directed to publish this determination 
in the Federal Register.
                                                     William J. Clinton.

    Prior certifications for major narcotics producing and transit 
countries were contained in the following:
    Determination of President of the United States, No. 99-15, Feb. 26, 
1999, 64 F.R. 11319.
    Determination of President of the United States, No. 98-15, Feb. 26, 
1998, 63 F.R. 12937.
    Determination of President of the United States, No. 97-18, Feb. 28, 
1997, 62 F.R. 11589.
    Determination of President of the United States, No. 96-13, Mar. 1, 
1996, 61 F.R. 9891.
    Determination of President of the United States, No. 95-15, Feb. 28, 
1995, 60 F.R. 12859.
    Determination of President of the United States, No. 94-22, Apr. 1, 
1994, 59 F.R. 17231.
    Determination of President of the United States, No. 93-18, Mar. 31, 
1993, 58 F.R. 19033.
    Determination of President of the United States, No. 92-18, Feb. 28, 
1992, 57 F.R. 8571.
    Determination of President of the United States, No. 91-22, Mar. 1, 
1991, 56 F.R. 10773.
    Determination of President of the United States, No. 90-12, Feb. 28, 
1990, 55 F.R. 10597.
    Determination of President of the United States, No. 89-11, Feb. 28, 
1989, 54 F.R. 9413.
    Determination of President of the United States, No. 88-10, Feb. 29, 
1988, 53 F.R. 11487.

                  Section Referred to in Other Sections

    This section is referred to in sections 2291e, 2291h of this title; 
title 12 section 635; title 18 section 981; title 19 sections 1616a, 
2703, 3202; title 21 sections 881, 1703.
