ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination Under Section 490(b)(1)(A) of the Foreign Assistance Act Relating to the Largest Exporting and Importing Countries of Certain Precursor Chemicals

President Bush determined that 12 countries were fully cooperating with U.S. anti-drug trafficking goals regarding pseudoephedrine and ephedrine exports/imports in 2005, certifying compliance with the UN Convention Against Illicit Traffic in Narcotic Drugs. This determination prevents mandatory sanctions under the Foreign Assistance Act and requires transmission of a related report to Congress.

Federal Register Open PDF 72 FR 10881

Key directives

  • Determine that 12 specified countries have cooperated fully or taken adequate steps on precursor chemical compliance
  • Publish determination in the Federal Register
  • Transmit report under section 722 of the Combat Methamphetamine Epidemic Act to Congress

Who is ordered

Timeline

Immediate

  • Determination takes effect upon signing
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • Report under section 722 of Combat Methamphetamine Epidemic Act to be transmitted to Congress

Long term

  • Continued narcotics control cooperation with listed countries
  • Avoidance of sanctions under Foreign Assistance Act section 490

Risks & tensions

  • Taiwan inclusion may carry implicit diplomatic signaling given cross-strait sensitivities
  • Certification of China and Mexico may draw scrutiny given ongoing methamphetamine precursor diversion concerns
  • No explicit criteria provided for 'adequate steps' versus 'full cooperation' distinction
Presidential Determination: Presidential Determination Under Section 490(b)(1)(A) of the Foreign Assistance Act Relating to the Largest Exporting and Importing Countries of Certain Precursor Chemicals · Executive Orders