[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Presidential Documents]
[Pages 56807-56808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19548]
[[Page 56805]]
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Part II
The President
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Presidential Determination No. 2005-36 of September 14, 2005--
Presidential Determination on Major Drug Transit or Major Illicit Drug
Producing Countries for Fiscal Year 2006
Presidential Documents
Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 56807]]
Presidential Determination No. 2005-36 of September 14,
2005
Presidential Determination on Major Drug Transit
or Major Illicit Drug Producing Countries for Fiscal
Year 2006
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, Columbia, 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 fourth 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 geographical, 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
designated 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
fourth in section 489(a)(1) of the FAA. Attached to
this report (Tab A) are justifications for the
determinations on 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
program to aid Venezuela's democratic institutions,
establish selected community development projects, and
strengthen Venezuela's political party system is vital
to the national interests of the United States.
I have removed China and Vietnam from the list of major
drug transit or major illicit drug producing countries
because there is insufficient evidence to suggest that
China is a major source zone or transit country for
illicit narcotics that significantly affects the United
States. There is insufficient evidence to refute claims
by the Government of Vietnam that they have virtually
eliminated opium poppy production. Additionally,
although cooperation with United States law enforcement
is limited, there are no indications of a significant
Vietnam-based drug threat to the United States.
Despite the Government of Afghanistan's
counternarcotics efforts, we remain concerned about the
disturbing magnitude of the drug trade and the prospect
that opium poppy cultivation will likely increase in
2006. We are also concerned about government
corruption, especially at the regional and local
levels, impending counternarcotics efforts. For these
efforts to be effective, government corruption with
respect to the opium economy must be seriously
addressed-by both local and central government
authorities.
The Government of Canada has made real progress in
curbing the diversion into the United States of
pseudoephedrine, which fuels the production of
methamphetamine. There are indications, however, that
Canadian-based
[[Page 56808]]
criminal groups are increasingly involved in the
production of MDMA (Ecstasy) destined for the United
States. Large scale cross-border trafficking of
Canadian-grown marijuana remains a serious concern. The
United States appreciates the excellent law enforcement
cooperation with Canada in combating these shared
threats.
While Haiti made efforts this year to improve its
performance, we reiterate our concerns from last year
about the Interim Government of Haiti's inability to
effectively organize Haitian law enforcement resources
to permit sustained counternarcotics efforts. Further,
the national criminal justice system must be
significantly strengthened in order to be effective and
gain public confidence.
The Government of The Netherlands has achieved
considerable success in countering the production and
flow of MDMA (Ecstasy) to the United States, and The
Netherlands is commended for its enhanced efforts. In
the coming year, the United States would like to build
upon our law enforcement cooperation with the Dutch
government through advancements in mutual legal
assistance and direct engagement between our respective
police agencies.
Drug trafficking, money laundering, and other organized
criminal activity in Nigeria remain major sources of
concern to the United States. Progress over the past
year on anti-money laundering controls is welcome, but
much remains to be done to make such controls
effective. Implementing anti-corruption policies must
advance more quickly, as corruption at all levels of
government continues to hamper effective narcotics law
enforcement. In addition, measures similar to those
taken to improve drug law enforcement at Nigeria's main
airport need to be expanded to, and replicated at,
Nigeria's seaports, where drug trafficking is a growing
concern. Finally, the National Drug Law Enforcement
Agency (NDLEA) and other counternarcotics institutions
should work towards developing the mindset and capacity
to pursue investigations, and prosecutions of major
drug traffickers based in the country.
We remain concerned with the continued involvement by
the Democratic People's Republic of Korea (DPRK) in
criminal activity, including drug production and drug
trafficking. Given the close relationship between
Japanese and Chinese criminal elements and DPRK drug
traffickers in past smuggling incidents, there is a
real possibility of continuing DPRK involvement in drug
trafficking, even when a given incident appears only to
involve ethnic Chinese or other organized Asian
criminal groups.
You are hereby authorized and directed to submit this
determination to the Congress and to publish it in the
Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, September 14, 2005.
[FR Doc. 05-19548
Filed 9-27-05; 9:25 am]
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