ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2009

This presidential determination identifies 20 countries as major drug transit or illicit drug producing countries for FY2009 under the Foreign Relations Authorization Act. It specifically designates Bolivia, Burma, and Venezuela as having 'failed demonstrably' to meet international counternarcotics obligations, while exempting them from automatic sanctions due to national interest determinations for Venezuela's democratic institutions and Bolivia bilateral programs. The document also provides extensive regional assessments of counternarcotics conditions in Afghanistan, Canada, Central America, West Africa, Nigeria, India, and Ecuador.

Federal Register Open PDF 73 FR 54927

Impact dates

  1. FY2009 applicability of designations

  2. Previous 12-month period for assessing demonstrable failure to adhere to counternarcotics obligations

Key directives

  • Identify specified 20 countries as major drug transit or major illicit drug producing countries
  • Designate Bolivia, Burma, and Venezuela as having failed demonstrably to adhere to international counternarcotics obligations
  • Determine that support for Venezuela's democratic institutions and bilateral programs in Bolivia are vital to U.S. national interests
  • Submit report to Congress under section 706 of FRAA
  • Transmit report to Congress
  • Publish report in Federal Register

Who is ordered

Timeline

Immediate

  • Designation of 20 countries on Majors List takes effect for FY2009
  • Bolivia, Burma, Venezuela designated as failing demonstrably
  • National interest exemptions for Venezuela and Bolivia apply
  • Report transmitted to Congress and published in Federal Register

Near term (90d)

  • Congressional review of determinations
  • Potential withholding of assistance to non-exempt failing countries
  • Implementation of Merida Initiative with Central America

Long term

  • Continued conditioning of U.S. foreign assistance on counternarcotics cooperation
  • Ongoing Afghanistan counternarcotics strategy dependent on security progress
  • Regional institution-building in Central America and West Africa

Risks & tensions

  • Tension between sanctioning poor performers and maintaining diplomatic engagement via national interest exemptions
  • Afghanistan counternarcotics progress undermined by security conditions and corruption
  • Central American institutional capacity inadequate to match threat from relocating cartels
  • West African state fragility creates risk of narco-state development
  • Nigeria's EFCC effectiveness uncertain due to political developments
  • Canada's role as MDMA source and precursor transit point complicates bilateral relations
Presidential Determination: Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2009 · Executive Orders