ONDCP FACT SHEET
Certification for Major Illicit Drug Producing and Transit Countries
Overview:
The Foreign Assistance Act of 1961, as amended (FAA), requires the President every year to submit to Congress a list of those countries he has determined to be major illicit drug-producing and/or drug-transit countries. The FAA requires that most kinds of U.S. Government foreign assistance to any country on this Majors List be reduced by half until the President determines whether the country should be "certified."
A major illicit drug producing country is defined as one in which;
- 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;
- 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or
- 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States.
A major drug-transit country is defined as a country;
- That is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or
- through which are transported such drugs or substances.
The Majors List:
The Bureau for International Narcotics and Law Enforcement Affairs (INL) at the Department of State initiates the certification process. Based upon the "International Narcotics Control Strategy Report" (INCSR) produced by INL each year, and also upon input from other U.S. Government sources, a proposed Majors List is compiled and presented to the Secretary of State for consideration.
The Secretary sends his recommendations to the President, who makes the final determinations regarding inclusion on the Majors List. The White House transmits the list to the Chairmen of the Senate Foreign Relations Committee, House International Relations Committee, and the Appropriation Committees. The Majors List is due in the Congress by November 1.
On September 15, 2003, the President approved and sent to Congress the Majors List for 2004. The 24 countries included were; Afghanistan, The Bahamas, Bolivia, Brazil, Burma, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and
Vietnam.
Changes to the Certification Process:
On December 20, 2001, the Congress approved changes to country certification that went into effect upon Presidential approval on January 10, 2002. This change amended the law for one year and required that the President designate major drug-transit or major illicit drug production countries within 45 days of the bill's enactment. The legislation also required that the President would identify countries, if any, that have "failed demonstrably" to make substantial efforts during the previous 12 months to adhere to their "international counternarcotics agreements," and take the counternarcotics measures set out in section 489 (a)(1) of the Foreign Assistance Act of 1961. "International counternarcotics agreements" are defined in the bill as:
(1) the 1988 UN Drug Convention, and
(2) any bilateral or multilateral agreement in force with the United States and another country or countries that addresses issues related to the control of illicit drugs, such as, the production, distribution, and interdiction of illicit drugs, demand reduction, international legal cooperation, extradition, border security, money laundering, corruption, asset forfeiture, and control of precursor chemicals.
The Narcotics Certification Process was last modified as a result of the Foreign Relations Authorization Act, 2002-2003, signed into law on September 30, 2002. Henceforth, the President must submit a consolidated report identifying all major illicit drug producing and drug-transit countries (the Majors list) and designating those countries that have "failed demonstrably" during the previous 12 months to make substantial efforts to adhere to their obligations under international counternarcotics agreements and take the counternarcotics measures specified in U.S. law. FAA §490 requires that fifty percent of certain kinds of assistance be withheld from all such countries, required to be identified and reported to Congress by the President by November 1 of each year, pending the President's September 15th certification determinations. If a country is not certified, most foreign assistance is cut off and the United States is required to vote against funding by six multilateral development banks to that country. However, assistance may be provided if the President determines at any time after his initial determination that the provision of assistance during the fiscal year is a vital national interest or that the country has made substantial efforts to comply with the standard.
Additional Information/Links:
For more information on the certification process, consult the International Narcotics Control Strategy Report (INCSR), which is issued by the State Department's Bureau for International Narcotics and Law Enforcement Affairs (INL). The INCSR provides the factual basis for the President's certification determinations. It is located online at the State Department's website along with the letter from the President to the Congress announcing his decision.
http://www.state.gov/g/inl/c11766.htm
Last updated: September 2004
