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U.S. DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT, MARCH 1996

United States Department of State

Bureau for International Narcotics and Law Enforcement Affairs


LEGISLATIVE BASIS FOR THE INCSR

The Department of State's International Narcotics Control Strategy Report (INCSR) has been prepared in accordance with 489 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2291).

The 1996 INCSR is the tenth annual report prepared pursuant to the FAA. In addition to addressing the reporting requirements of FAA 489, the INCSR provides the factual basis for the Presidential narcotics certification determinations for major drug producing and/or drug- transit countries required under FAA 490. FAA 490 requires that fifty percent of certain kinds of assistance be withheld at the start of each fiscal year from such countries, pending the President's March 1 certification determinations. If a country is not certified, most foreign assistance is cut off and the United States is required to vote against multilateral development bank lending to that country.

Among other things, the statute asks, with respect to each country that received INM assistance in the past two fiscal years, for a report on the extent to which the country has "met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances." FAA 489(a)(1)(A). Similarly, the President's certification determination depends in part on whether a country, during the previous year, 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 1988 UN Convention. FAA 490(b)(1)(A).

Although the Convention does not contain a list of goals and objectives, it does set forth a number of obligations that the parties agree to undertake. Generally speaking, it requires the parties to take legal measures to outlaw and punish all forms of illicit drug production, trafficking, and drug money laundering, to control chemicals that can be used to process illicit drugs, and to cooperate in international efforts to these ends. The statute lists action by foreign countries on the following issues as relevant to this evaluating performance under the 1988 UN Convention: 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.

In attempting to evaluate whether countries are meeting the goals and objectives of the 1988 UN Convention, the Department has used the best information it has available. The 1996 INCSR covers countries that range from major drug producing and drug-transit countries, where drug control is a critical element of national policy, to mini-states, where drug issues and/or the capacity to deal with them are minimal. The reports vary in the extent of their coverage. For key drug-control countries, where considerable information is available, we have provided comprehensive reports. For some smaller countries where only sketchy information is available, we have included whatever data the responsible post could provide.

The country chapters report upon actions, including plans, programs, and, where applicable, timetables toward fulfillment of Convention obligations. Because the 1988 UN Convention's subject matter is so broad, and availability of information on elements related to performance under the Convention varies widely within and between countries, the Department's views on the extent to which a given country is meeting the goals and objectives of the Convention are based on the overall response of the country to those goals and objectives.

Some countries are not yet parties to the 1988 UN Convention. For such countries, we have nonetheless considered actions taken by those countries in areas covered by the Convention, and plans (if any) for becoming parties and for bringing their legislation into conformity with the Convention's requirements. For some of the very smallest countries, the Department has insufficient information to make a judgment as to whether the goals and objectives of the Convention are being met. In those instances, available information on counternarcotics activities has been provided.

Except as noted in the relevant country chapters, INL considers all countries with which the USG has bilateral narcotics agreements to be meeting the goals and objectives of those agreements.

As in the past, this year's INCSR provides the factual basis for the President's 1996 certification determinations made pursuant to FAA 490(b). It contains information in accordance with 489 of the FAA and 804 of the Trade Act of 1974, as amended.

Statement on Certification

FAA 490(b)(2) requires that, in making determinations regarding full certification, the President consider the extent to which each major drug producing or drug-transit country has:
  • 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;
  • accomplished the goals described in an applicable bilateral narcotics agreement with the United States, or a multilateral agreement; and
  • 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 or such acts.
The statute provides, alternatively, that a country that cannot be certified under the foregoing standard may be certified on the grounds that "vital national interests of the United States require" that assistance be provided to and the United States not vote against multilateral development bank lending to such country. FAA 490(b)(1)(B).

Major Drug Producing, Drug Transit, Significant Source, Precursor Chemical, and Money Laundering Countries.

Section 489(a)(3) requires the USG to identify: (A) major illicit drug producing and major drug-transit countries, (B) major sources of precursor chemicals used in the production of illicit narcotics; and (C) major money laundering countries. These countries are identified below.

Major Drug Producing and Drug-Transit Countries:

A major illicit drug producing country is one in which: (A) 1,000 hectares or more of illicit opium poppy are cultivated or harvested during a year; (B) 1,000 hectares or more of illicit coca are cultivated or harvested during a year; or (C) 5,000 hectares or more of illicit cannabis are cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States. FAA 481(e)(2).

A major illicit drug-transit country is one: (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or (B) through which are transported such drugs or substances. FAA 481(e)(5).

The following are major drug producing and/or drug-transit countries Afghanistan, The Bahamas, Belize, Bolivia, Brazil, Burma, Cambodia, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, Hong Kong, India, Iran, Jamaica, Laos, Lebanon, Malaysia, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Syria, Taiwan, Thailand, Venezuela, and Vietnam.

Major Precursor Chemical Source Countries:

The following countries are major sources of precursor or essential chemicals used in the production of illicit narcotics: Argentina, Brazil, China, Germany, India, Mexico, and the Netherlands.

Major Money Laundering Countries:

A major money laundering country is one whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking. FAA 481(e)(7). The following countries fall into this category: Argentina, Aruba, Brazil, Canada, Cayman Islands, Colombia, Costa Rica, Ecuador, Germany, Hong Kong, India, Italy, Japan, Liechtenstein, Luxembourg, Mexico, the Netherlands, Netherland Antilles, Nigeria, Pakistan, Panama, Paraguay, Russia, Singapore, Spain, Switzerland, Thailand, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, and Venezuela.
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