ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2004

This presidential determination identifies 23 countries as major drug-transit or illicit drug-producing countries for 2004 under the Foreign Relations Authorization Act. It designates Burma and Haiti as having 'failed demonstrably' in their counternarcotics obligations, but waives sanctions on Haiti for FY 2004 as vital to U.S. national interests. The document also discusses synthetic drug threats from the Netherlands, precursor chemical diversion from Canada, and North Korean state involvement in narcotics trafficking.

Federal Register Open PDF 68 FR 54973

Impact dates

  1. FY 2004 assistance to Haiti (vital national interest determination applies)

  2. Determination signed and effective

Key directives

  • Identify 23 countries as major drug-transit or major illicit drug producing countries for 2004
  • Designate Burma and Haiti as having failed demonstrably to adhere to international counternarcotics obligations
  • Determine that provision of U.S. assistance to Haiti in FY 2004 is vital to U.S. national interests
  • Authorize and direct Secretary of State to submit report to Congress and publish in Federal Register
  • Urge Government of The Netherlands to focus on dismantling criminal organizations responsible for MDMA trade
  • Expect Guatemala to continue counternarcotics efforts and demonstrate further progress
  • Intensify efforts to stop North Korean involvement in illicit narcotics production and trafficking

Who is ordered

Timeline

Immediate

  • Burma and Haiti designated as having 'failed demonstrably' in counternarcotics efforts
  • FY 2004 assistance to Haiti exempted from sanctions
  • 23 countries placed on Majors List for 2004

Near term (90d)

  • Congressional submission and Federal Register publication of determination
  • Monitoring of Guatemala's continued counternarcotics improvements
  • Implementation of joint U.S.-Netherlands action plan on MDMA

Long term

  • Potential certification decisions for Burma and Haiti in subsequent years based on performance improvements
  • Long-term democratic development and poverty reduction programs in Haiti
  • Ongoing monitoring of synthetic drug production trends globally

Risks & tensions

  • Sanctions waiver for Haiti despite 'failed demonstrably' designation creates tension between counternarcotics enforcement and broader foreign policy goals (poverty, HIV/AIDS, migration, democratic stability)
  • Guatemala's improvements described as initial and unproven, suggesting risk of re-designation
  • North Korea designation complicated by lack of direct evidence of drugs reaching U.S., raising questions about scope of U.S. jurisdiction
  • Burma's partial progress (opium decline) conflicts with overall failure determination, particularly regarding UWSA impunity
  • Implicit tension in 'autonomy' interpretation allowing non-state entities to be treated as 'countries' for list purposes
Presidential Determination: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2004 · Executive Orders