FY 2003 Narcotics Certification Process

The Narcotics Certification Process was modified as a result of the Foreign Relations Authorization Act, 2002-2003, signed into law on September 30, 2002.  Henceforth, the President has the option to 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.  The President also retains the option to revert to the previous system of a bifurcated decision-making process using the “cooperated fully” standard but, for FY 2003, will not exercise this option.

 A major illicit drug producing country is defined as one in which:

1. 1,000 hectares or more of illicit opium poppy are cultivated or harvested during a year;

2. 1,000 hectares or more of illicit coca are cultivated or harvested during a year; or

3. 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.

A major drug-transit country is defined as a country:

1. that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or

2. through which are transported such drugs or substances.

Countries found to have “failed demonstrably” are ineligible for many types of U.S. foreign assistance:  sales or financing under the Arms Export Control Act; provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; financing under the Export-Import Bank Act of 1945; and most assistance under the Foreign Assistance Act.  This prohibition would not affect humanitarian, counternarcotics, and certain other types of assistance that are authorized notwithstanding any other provision of law.

The President may, nevertheless, determine that assistance otherwise required to be withheld is vital to U.S. national interests.  Likewise, at any time after the President’s initial report that a country has failed demonstrably, he may determine that the country has made substantial efforts to comply with the standards in the legislation.  In the event of either determination, assistance may be provided.

The Bureau of International Narcotics and Law Enforcement Affairs (INL) works with U.S. embassies and governments in the countries on the Majors List to develop goals for the next 12 months.  Throughout that period these goals are discussed with each nation and progress reports are provided by the U.S. embassies.

A few months prior to the release of the certification determinations, the Assistant Secretary for INL coordinates an interagency process to discuss recommendations for countries that have “failed demonstrably.”  These recommendations are presented to the Secretary of State, who forwards them to the President.  The President makes the final determinations in a memo to the Secretary of State, who then notifies the Congress.

The next certification report (FY 2004) is due to Congress no later than September 15, 2003.  The Foreign Relations Authorization Act does not alter the requirement to submit the International Narcotics Control Strategy Report (INCSR) by March 1 each year.