ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2003

This determination identifies 23 countries as major drug transit or illicit drug producing countries for 2003 under the Foreign Relations Authorization Act. It designates Burma, Guatemala, and Haiti as having 'failed demonstrably' in their counternarcotics obligations, but waives sanctions for Guatemala and Haiti on national interest grounds. The document also highlights concerns about synthetic drugs from the Netherlands and precursor chemicals from Canada.

Federal Register Open PDF 68 FR 5787

Impact dates

  1. Early 2003 discussions with Dutch authorities on specific steps to reduce drug trafficking

  2. Haiti legislative elections per OAS Resolution 822

  3. Determination effective for FY 2003 designations

Key directives

  • Identify 23 countries as major drug transit or major illicit drug producing countries for 2003
  • Designate Burma, Guatemala, and Haiti as having failed demonstrably to adhere to international counternarcotics obligations
  • Submit memorandum to Congress and publish in Federal Register
  • Provide justifications for Burma, Guatemala, and Haiti designations
  • Determine that assistance to Guatemala and Haiti in FY 2003 is vital to U.S. national interests
  • Expect Dutch authorities to take effective and measurable action against ecstasy production and export

Who is ordered

Timeline

Immediate

  • Designation of 23 countries on Majors List effective for FY 2003
  • Burma, Guatemala, Haiti designated as having 'failed demonstrably'
  • National interest waiver granted for Guatemala and Haiti assistance

Near term (90d)

  • Planned discussions with Dutch authorities on specific steps to reduce ecstasy trafficking
  • Expected Canadian implementation of pseudoephedrine regulations

Long term

  • Continued U.S. assistance to Guatemala and Haiti conditioned on institutional development
  • OAS Resolution 822 implementation requiring Haitian legislative elections in 2003

Risks & tensions

  • Tension between counternarcotics certification standards and geopolitical interests (waivers for Guatemala and Haiti despite 'failed demonstrably' designation)
  • Burma's designation without national interest waiver suggests impending sanctions, yet document notes some Burmese cooperation
  • Vague timeline for Dutch cooperation ('early in the year,' 'coming year') lacks enforcement mechanism
  • Canada criticized but not placed on Majors List, creating inconsistent application of standards
  • Haiti's political instability and police politicization under Aristide noted as structural barriers to reform
Presidential Determination: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2003 · Executive Orders