ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Provision of U.S. Drug Interdiction Assistance to the Government of Brazil

President Obama certified Brazil as eligible for U.S. drug interdiction assistance under the 1995 NDAA, specifically allowing support for intercepting aircraft suspected of drug trafficking in Brazilian airspace. The determination requires Brazil to have procedures protecting innocent life, including warning aircraft before force is used.

Federal Register Open PDF 76 FR 70635

Impact dates

  1. Federal Register publication and congressional notification

Key directives

  • Certify Brazil for drug interdiction assistance under 22 U.S.C. 2291-4
  • Secretary of State to publish determination in Federal Register
  • Secretary of State to notify Congress of this determination

Who is ordered

Timeline

Immediate

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

Near term (90d)

  • Federal Register publication process

Long term

  • Ongoing U.S.-Brazil counter-narcotics cooperation
  • Potential future recertification requirements

Risks & tensions

  • Use of force against aircraft carries inherent risk of civilian casualties despite procedural safeguards
  • Certification relies on Brazil's self-reported procedures without specified U.S. verification mechanism
  • Annual or periodic recertification requirement implied by 'as amended' statute but not explicit in text
Presidential Determination: Provision of U.S. Drug Interdiction Assistance to the Government of Brazil · Executive Orders