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DetDeterminationBiden · D

Presidential Determination

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023

This annual statutory determination identifies 22 countries as major drug transit or illicit drug producing countries for FY2023 and designates Afghanistan, Bolivia, Burma, and Venezuela as having failed demonstrably to meet international counternarcotics obligations. Despite these designations, the President waives potential aid sanctions by finding that U.S. programs supporting these four countries remain vital to national interests. The document outlines priority focus areas including synthetic drugs, fentanyl precursor chemicals, and U.S.-Mexico cooperation under the Bicentennial Framework.

Federal Register Open PDF 87 FR 58251

Impact dates

  1. Determination signed and effective

  2. Submission of designation and justifications to Congress

Key directives

  • Identify 22 countries as major drug transit or major illicit drug producing countries
  • Designate Afghanistan, Bolivia, Burma, and Venezuela as having failed demonstrably to make substantial counternarcotics efforts
  • Determine that U.S. programs supporting Afghanistan, Bolivia, Burma, and Venezuela are vital to national interests
  • Submit designation with memoranda of justification to Congress
  • Publish determination in Federal Register
  • Expand cooperation with China, India, and other chemical source countries
  • Support Mexican efforts under Bicentennial Framework
  • Monitor Afghanistan's opium ban implementation

Who is ordered

Timeline

Immediate

  • Determination takes effect for FY2023 (beginning October 1, 2022)
  • Submission of designation and justifications to Congress
  • Federal Register publication

Near term (90d)

  • FY2023 budget negotiations and appropriations for $24.3 billion drug control request
  • Monitoring of Afghanistan's opium ban implementation

Long term

  • Continued U.S.-Mexico Bicentennial Framework implementation
  • Expansion of chemical source country cooperation with China, India, and others
  • Ongoing annual review cycle for FY2024 determination

Risks & tensions

  • Waiver of sanctions for 'failed demonstrably' countries (Afghanistan, Bolivia, Burma, Venezuela) despite statutory designation creates tension between counternarcotics accountability and other foreign policy interests
  • Vague 'expand cooperation' language with China/India lacks concrete mechanisms or timelines
  • Afghanistan monitoring under Taliban rule presents implementation uncertainty
  • Bolivia praise alongside designation sends mixed signals
Presidential Determination: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023 · Executive Orders