[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Presidential Documents]
[Page 54927-54930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se08-193]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 54927]]
Presidential Determination No. 2008-28 of September 15,
2008
Major Drug Transit or Major Illicit Drug
Producing Countries for Fiscal Year 2009
Memorandum for the Secretary of State
Pursuant to section 706(1) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-
228) (FRAA), I hereby identify the following countries
as major drug transit or major illicit drug producing
countries: Afghanistan, The Bahamas, Bolivia, Brazil,
Burma, Colombia, Dominican Republic, Ecuador,
Guatemala, Haiti, India, Jamaica, Laos, Mexico,
Nigeria, Pakistan, Panama, Paraguay, Peru, and
Venezuela.
A country's presence on the Majors List is not
necessarily an adverse reflection of its government's
counternarcotics efforts or level of cooperation with
the United States. Consistent with the statutory
definition of a major drug transit or drug producing
country set forth in section 481(e)(2) and (5) of the
Foreign Assistance Act of 1961, as amended (FAA), one
of the reasons that major drug transit or illicit drug
producing countries are placed on the list is the
combination of geographic, commercial, and economic
factors that allow drugs to transit or be produced
despite the concerned government's most assiduous
enforcement measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby
designate Bolivia, Burma, and Venezuela as countries
that have failed demonstrably during the previous 12
months to adhere to their obligations under
international counternarcotics agreements and take the
measures set forth in section 489(a)(1) of the FAA.
Attached to this report are justifications for the
determinations on Bolivia, Burma, and Venezuela, as
required by section 706(2)(B). I have also determined,
in accordance with provisions of section 706(3)(A) of
the FRAA, that support for programs to aid Venezuela's
democratic institutions and continued support for
bilateral programs in Bolivia are vital to the national
interests of the United States.
Under the leadership of President Karzai, the
Government of Afghanistan has made some progress in
combating narcotics. However, drug trafficking remains
a serious threat to the future of Afghanistan,
contributing to widespread public corruption, damaging
legitimate economic growth, and fueling violence and
insurgency.
A successful counternarcotics strategy in Afghanistan
hinges on maintaining security, building public
capacity, attaining local support, and actively
pursuing our joint counternarcotics strategy.
Poppy cultivation continues to be marked by the divide
between the increasingly poppy-free northern provinces
and the insurgency-dominated regions in the south.
Through political will, and by using a mixture of
incentives and disincentives, governors in key northern
provinces like Badakshan and Nangarhar have
significantly reduced poppy cultivation.
Inspired by the Nangarhar model, the newly appointed
governor of the southern province of Helmand has taken
bold steps to implement the first truly serious
counternarcotics campaign in the province. It is clear
that progress in Helmand Province will not come easily.
Drug control efforts in this area of pronounced poppy
cultivation are thwarted by heavily entrenched Taliban
centers of power. In 2007 Helmand Province cultivated
more than half of Afghanistan's illegal poppy crop.
[[Page 54928]]
Difficult security conditions greatly impede
counternarcotics operations, particularly in the south
and southwest provinces, areas in which the insurgency
and organized crime groups predominate and where over
85 percent of Afghan poppy is cultivated.
Drug-related corruption in Afghanistan--one of the most
intransigent problems in the country--must be
confronted, particularly at provincial and district
government levels. Corruption and illegal drugs in
Afghanistan threaten to undermine all aspects of the
country's efforts to build a sustainable economic
infrastructure and functioning democracy.
The United States enjoys close cooperation with Canada
across a broad range of law enforcement issues. Both of
our nations face a serious challenge from the 2-way
flow of drugs across our long border. While Canada is
primarily a drug consuming country, it is also a
significant producer of highly potent marijuana and has
become the primary source country for MDMA (ecstasy)
available in the United States. Additionally, Canada
serves as a transit or diversion point for precursor
chemicals and over-the-counter pharmaceuticals used to
produce illicit synthetic drugs, most notably MDMA.
While methamphetamine use has decreased in the United
States, due in large part to past efforts to reduce
precursor chemical diversion by Canadian authorities,
production of finished methamphetamine is increasing in
Canada and could lead to greater supplies in the United
States. Canada is pursuing a new National Anti-Drug
Strategy that focuses on proven approaches to reduce
drug use and deter drug trafficking. The United States
and Canada continue to work productively in joint law
enforcement operations that disrupt drug and currency
smuggling operations along the border.
The growing expansion of drug trafficking in Central
America poses serious challenges to the region's
limited capability to combat both the narcotics trade
and organized crime. We are particularly concerned
about the increasing presence of drug trafficking
organizations in Central America that are fleeing more
robust counternarcotics regimes elsewhere, especially
in Mexico and Colombia. Often unimpeded, traffickers
use long Central American coastlines for illegal
maritime drug shipments. Even though there have been
noteworthy seizures, a high proportion of drugs
transiting Central America are not detected or seized.
The March 2008 gun battle between drug organizations in
Guatemala demonstrates that criminal organizations such
as the Sinaloa cartel are trying to reinforce their
trafficking strongholds in Central America. In 2008,
Guatemala passed new anti-organized crime and
extradition laws. While such actions are encouraging,
Guatemala must work aggressively to implement these
measures, just as neighboring countries must redouble
their practical efforts to implement adopted reforms
aimed at thwarting criminal activity.
The United States is encouraged by the commitment of
the Regional Integration System to a regional response,
such as sharing counternarcotics intelligence. Support
for cohesive regional institution-building and
practical law enforcement enhancements in Central
America are critical components to a successful
regional counternarcotics strategy. We look forward to
working with Guatemala and other Central American
nations to support counternarcotics programs and the
rule of law under the new Merida Initiative.
The Government of Ecuador is committed to protecting
its borders and territory against drug trafficking and
other transnational crimes. The increased presence of
Ecuadorian security forces in its counternarcotics
efforts provided a more effective deterrent to drug
production and trafficking. The identification of new
trafficking trends and increased staffing and
inspection at all air, land, and sea ports are also
helping to hinder drug trafficking. With a system for
tracking vessels already in place, Ecuador is expanding
this capability and more effectively utilizing it as a
tool for working with partner nations. The country's
ability to identify the nationality of ships is of
special concern as considerable cocaine destined for
the United States has been detected on Ecuadorian-
flagged vessels.
[[Page 54929]]
The countries of West Africa have emerged as key
transit hubs for Andean cocaine trafficked through
Venezuela and Brazil and destined for European markets.
This trafficking is undermining many of the already
fragile institutions of countries in the region.
Narcotics traffickers have focused their illegal
activities in Guinea-Bissau, but have recently extended
their operations south to Guinea. The presence of Latin
American drug traffickers and the large quantities of
cocaine trafficked openly suggest that drug criminals
may exercise the prerogatives of sovereign nation-
states in these two countries. West Africa has long
been a hub for illicit criminal networks. West African
states lack resources to sufficiently counter efforts
by drug trafficking organizations whose activity
threatens the stability of these countries and the
well-being of their people.
International donors and organizations are working to
assist governments in their counternarcotic efforts. We
support these efforts to preserve and protect stability
and positive growth in this region.
Nigeria, a major transit country for illicit drugs
destined for the United States, continues to make some
progress on counternarcotics and has cooperated
effectively with the United States on drug-related
money laundering cases. Since it began operations in
2005, the Nigerian Financial Intelligence Unit has
investigated numerous suspicious transaction reports
that have resulted in high-profile convictions recorded
by the Economic and Financial Crimes Commission (EFCC).
However, recent developments in Nigeria raise questions
about whether the EFCC will remain an effective
anticorruption agency. The United States Government has
had extradition requests pending in Nigeria for years
and is concerned that Nigeria's extradition practices
and procedures remain obstacles to the effectiveness of
this essential counternarcotics law enforcement tool.
We are encouraged that Nigeria's use of U.S.-donated
body scanners at its four major international airports
has resulted in the arrest of numerous drug
traffickers. Moreover, we fully support the National
Drug Law Enforcement Agency's recent cooperation in
regional search and seizure operations.
The Government of India maintains a strong track record
of regulating, monitoring, and curbing its licit opium
production and distribution process. India has
introduced robust, high-tech methods to control
cultivation by licensed opium farmers. In this sense,
India must continue to refine its control measures to
guard against the continuing problem of diversion of
licit opium crops, grown for the production of
pharmaceutical products, to illegal markets. The United
States continues to be concerned about illicit opium
poppy production in certain areas of the country, such
as West Bengal and the state of Uttaranchal along the
India-China Border, previously thought to be free of
such cultivation. Nevertheless, during the past year
the country has destroyed substantial areas of illicit
poppy cultivation. The Indian Government must also
continue to investigate cases of large, illicit poppy
production and accordingly bring perpetrators to trial.
The United States, along with other foreign governments
and international organizations, has a good working
relationship with India to interdict the flow of
narcotics being smuggled across India's borders.
[[Page 54930]]
You are hereby authorized and directed to submit this
report under section 706 of the FRAA, transmit it to
the Congress, and publish it in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, September 15, 2008.
[FR Doc. E8-22590
Filed 9-23-08; 8:45 am]
Billing code 4710-10-P