1. U.S. Code
  2. title 22
  3. chapter 32
  4. subchapter I
  5. part VIII
  6. § 2291j

Collapse to view only § 2291j. Annual certification procedures

§ 2291. Policy, general authorities, coordination, foreign police actions, definitions, and other provisions
(a) Policy and general authorities
(1) Statements of policy
(A) International narcotics trafficking poses an unparalleled transnational threat in today’s world, and its suppression is among the most important foreign policy objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
(G) Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs.
(2) In order to promote such cooperation, the President is authorized to conclude agreements, including reciprocal maritime agreements, with other countries to facilitate control of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other narcotic and psychotropic drugs, and other controlled substances.
(3) In order to promote international cooperation in combatting international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.
(4) Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes.
(b) Coordination of all United States antinarcotics assistance to foreign countries
(1) Responsibility of Secretary of State
(2) Rule of construction
(c) Participation in foreign police actions
(1) Prohibition on effecting an arrest
(2) Participation in arrest actions
(3) Exception for exigent, threatening circumstances
(4) Exception for maritime law enforcement
(5) Interrogations
(6) Exception for Status of Forces arrangements
(d) Use of herbicides for aerial eradication
(1) Monitoring
(2) Annual reports
(3) Report upon determination of harm to environment or health
(e) DefinitionsFor purposes of this part and other provisions of this chapter relating specifically to international narcotics matters—
(1) the term “legal and law enforcement measures” means—
(A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and
(B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;
(2) the term “major illicit drug producing country” means a country—
(A) in which 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;
(B) in which 1,000 hectares or more of illicit coca is cultivated or harvested during a year;
(C) in which 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;
(D) that is a significant source of illicit synthetic opioids significantly affecting the United States; or
(E) that is a significant direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals when those chemicals are used in the production of such drugs and substances, significantly affecting the United States;
(3) the term “narcotic and psychotropic drugs and other controlled substances” has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned;
(4) the term “United States assistance” means—
(A) any assistance under this chapter (and any support under subchapter II of chapter 103 of this title, relating to the United States International Development Finance Corporation), other than—
(i) assistance under this part,
(ii) any other narcotics-related assistance under this subchapter (including part IV of subchapter II of this chapter), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 2394–1 of this title,
(iii) disaster relief assistance, including any assistance under part IX of this subchapter,
(iv) assistance which involves the provision of food (including monetization of food) or medicine, and
(v) assistance for refugees;
(B) sales, or financing on any terms, under the Arms Export Control Act [22 U.S.C. 2751 et seq.];
(C) the provision of agricultural commodities, other than food, under the Food for Peace Act [7 U.S.C. 1691 et seq.];
(D) financing under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.];
(E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 2151n–2(b) of this title;
(F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 et seq.)) 2
2 So in original.
; and
(G) global health assistance authorized under sections 2151b through 2151b–4 of this title.
(5) the term “major drug-transit country” means a country through which are transported covered synthetic drugs or psychotropic drugs or other controlled substances significantly affecting the United States;
(6) the term “precursor chemical” has the same meaning as the term “listed chemical” has under paragraph (33) of section 802 of title 21;
(7) the term “major money laundering country” means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking;
(8) the term “appropriate congressional committees” means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(9) the term “covered synthetic drug” has the meaning given that term in section 5558 of the FENTANYL Results Act.
(Pub. L. 87–195, pt. I, § 481, as added Pub. L. 92–352, title V, § 503, July 13, 1972, 86 Stat. 496; amended Pub. L. 93–189, § 11(a), Dec. 17, 1973, 87 Stat. 719; Pub. L. 94–329, title V, § 504(b), June 30, 1976, 90 Stat. 764; Pub. L. 95–384, §§ 3, 4, Sept. 26, 1978, 92 Stat. 730; Pub. L. 96–92, § 3(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 97–113, title V, § 502(a)(1), (b), title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1538, 1539, 1560; Pub. L. 98–164, title X, § 1003, Nov. 22, 1983, 97 Stat. 1053; Pub. L. 99–83, title VI, §§ 604–606, 618, Aug. 8, 1985, 99 Stat. 228, 229, 233; Pub. L. 99–570, title II, §§ 2005, 2008, 2009, 2017, Oct. 27, 1986, 100 Stat. 3207–61, 3207–64, 3207–68; Pub. L. 100–202, § 101(e) [title V, § 585(a)], Dec. 22, 1987, 101 Stat. 1329–131, 1329–184; Pub. L. 100–204, title VIII, § 805, Dec. 22, 1987, 101 Stat. 1397; Pub. L. 100–461, title V, § 578(e)(2), (g)(1), (3), (h), (i), Oct. 1, 1988, 102 Stat. 2268–47, 2268–48; Pub. L. 100–690, title IV, § 4202(b), 4401–4403, 4405(a), 4407(a), (b)(1), 4502, 4802(b), Nov. 18, 1988, 102 Stat. 4267, 4275–4277, 4281, 4285, 4294; Pub. L. 101–231, §§ 15, 17(a)–(f), Dec. 13, 1989, 103 Stat. 1963–1965; Pub. L. 102–550, title XV, § 1519, Oct. 28, 1992, 106 Stat. 4060; Pub. L. 102–583, §§ 4(a)–(d), 5(b), 6(b)(1)–(3), 11(a), Nov. 2, 1992, 106 Stat. 4914, 4915, 4931, 4932, 4934; Pub. L. 103–447, title I, § 101(a), (b), Nov. 2, 1994, 108 Stat. 4691; Pub. L. 104–164, title I, § 131(a), July 21, 1996, 110 Stat. 1429; Pub. L. 105–20, § 2(b), June 27, 1997, 111 Stat. 234; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820; Pub. L. 115–254, div. F, title VI, § 1470(j)(3), Oct. 5, 2018, 132 Stat. 3517; Pub. L. 117–81, div. F, title LXVI, § 6610(b), Dec. 27, 2021, 135 Stat. 2447; Pub. L. 117–263, div. E, title LV, § 5555(b), Dec. 23, 2022, 136 Stat. 3343.)

CITE AS: 22 USC 2291

§ 2291–1. Repealed. Pub. L. 102–583, § 6(e)(2), Nov. 2, 1992, 106 Stat. 4933

CITE AS: 22 USC 2291-1

§ 2291–2. Repealed. Pub. L. 103–447, title I, § 103(b), Nov. 2, 1994, 108 Stat. 4693

CITE AS: 22 USC 2291-2

§ 2291–3. Repealed. Pub. L. 102–583, § 6(e)(1), Nov. 2, 1992, 106 Stat. 4933

CITE AS: 22 USC 2291-3

§ 2291–4. Official immunity for authorized employees and agents of United States and foreign countries engaged in interdiction of aircraft used in illicit drug trafficking
(a) Employees and agents of foreign countriesNotwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of a foreign country (including members of the armed forces of that country) to interdict or attempt to interdict an aircraft in that country’s territory or airspace if—
(1) that aircraft is reasonably suspected to be primarily engaged in illicit drug trafficking; and
(2) the President of the United States has, during the 12-month period ending on the date of the interdiction, certified to Congress with respect to that country that—
(A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and
(B) the country has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force directed against the aircraft.
(b) Employees and agents of United States
(c) Annual report
(1) Except as provided in paragraph (2), not later than February 1 each year, the President shall submit to Congress a report on the assistance provided under subsection (b) during the preceding calendar year. Each report shall include for the calendar year covered by such report the following:
(A) A list specifying each country for which a certification referred to in subsection (a)(2) was in effect for purposes of that subsection during any portion of such calendar year, including the nature of the illicit drug trafficking threat to each such country.
(B) A detailed explanation of the procedures referred to in subsection (a)(2)(B) in effect for each country listed under subparagraph (A), including any training and other mechanisms in place to ensure adherence to such procedures.
(C) A complete description of any assistance provided under subsection (b).
(D) A summary description of the aircraft interception activity for which the United States Government provided any form of assistance under subsection (b).
(2) In the case of a report required to be submitted under paragraph (1) to the congressional intelligence committees (as defined in section 3003 of title 50), the submittal date for such report shall be as provided in section 3106 of title 50.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) DefinitionsFor purposes of this section:
(1) The terms “interdict” and “interdiction”, with respect to an aircraft, mean to damage, render inoperative, or destroy the aircraft.
(2) The term “illicit drug trafficking” means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States is a signatory, or by the domestic law of the country in whose territory or airspace the interdiction is occurring.
(3) The term “assistance” includes operational, training, intelligence, logistical, technical, and administrative assistance.
(Pub. L. 103–337, div. A, title X, § 1012, Oct. 5, 1994, 108 Stat. 2837; Pub. L. 107–108, title V, § 503, Dec. 28, 2001, 115 Stat. 1405; Pub. L. 107–306, title VIII, § 811(b)(6), Nov. 27, 2002, 116 Stat. 2425.)

CITE AS: 22 USC 2291-4

§ 2291–5. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities
(a) In general
(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.
(2)
(A) The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to section 2778 of this title.
(B) The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000.
(b) Additional requirement
(c) Notification requirement
(d) Sense of Congress
It is the sense of Congress that—
(1) all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.
(Pub. L. 105–277, div. C, title VIII, § 843, Oct. 21, 1998, 112 Stat. 2681–704.)

CITE AS: 22 USC 2291-5

§ 2291a. Authorization of appropriations
(a) Fiscal year authorization; availability of funds
(1) To carry out the purposes of section 2291 of this title, there are authorized to be appropriated to the President $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994.
(2) Amounts appropriated under this subsection are authorized to remain available until expended.
(b) Procurement of weapons and ammunition
(1) Prohibition
(2) Exceptions
Paragraph (1) shall not apply with respect to funds for the procurement of—
(A) weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes, or
(B) firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State engaged in activities under this part,
if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.
(c) Contributions and reimbursement
(1) To ensure local commitment to the activities assisted under this part, a country receiving assistance under this part should bear an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may bear such costs on an “in kind” basis.
(2)
(A) The President is authorized to accept contributions from foreign governments to carry out the purposes of this part. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated pursuant to this part.
(B) At the time of submission of the annual congressional presentation documents required by section 2394(a) of this title, the President shall provide a detailed report on any contributions received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used.
(3) The President is authorized to provide assistance under this part on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms and conditions as funds appropriated pursuant to this part.
(d) Administrative assistance
(1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters.
(2) Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for antinarcotics assistance to foreign countries.
(e) Advance notification of transfer of seized assets
(f) Treatment of funds
(g) Excess property
(Pub. L. 87–195, pt. I, § 482, as added Pub. L. 92–352, title V, § 503, July 13, 1972, 86 Stat. 497; amended Pub. L. 93–189, § 11(b), Dec. 17, 1973, 87 Stat. 720; Pub. L. 94–329, title V, § 504(a), June 30, 1976, 90 Stat. 764; Pub. L. 95–92, § 3, Aug. 4, 1977, 91 Stat. 614; Pub. L. 95–384, § 5, Sept. 26, 1978, 92 Stat. 731; Pub. L. 96–92, § 3(a), Oct. 29, 1979, 93 Stat. 701; Pub. L. 96–533, title IV, § 402(a), (b), Dec. 16, 1980, 94 Stat. 3149; Pub. L. 97–113, title V, § 502(c), Dec. 29, 1981, 95 Stat. 1539; Pub. L. 99–83, title VI, §§ 602, 608, 614, Aug. 8, 1985, 99 Stat. 228, 229, 231; Pub. L. 99–529, title IV, § 401, Oct. 24, 1986, 100 Stat. 3019; Pub. L. 99–570, title II, § 2002, Oct. 27, 1986, 100 Stat. 3207–60; Pub. L. 100–690, title IV, § 4201, Nov. 18, 1988, 102 Stat. 4267; Pub. L. 101–231, §§ 16, 17(g), Dec. 13, 1989, 103 Stat. 1964, 1965; Pub. L. 102–583, §§ 3, 4(e), 6(b)(4), Nov. 2, 1992, 106 Stat. 4914, 4915, 4932; Pub. L. 103–236, title I, § 164(a), Apr. 30, 1994, 108 Stat. 411; Pub. L. 103–447, title I, § 101(c), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104–164, title I, § 131(b), (c), July 21, 1996, 110 Stat. 1429.)

CITE AS: 22 USC 2291a

§ 2291b. Prohibition on use of foreign assistance for reimbursements for drug crop eradications

Funds made available to carry out this chapter may not be used to reimburse persons whose illicit drug crops are eradicated.

(Pub. L. 87–195, pt. I, § 483, as added Pub. L. 99–83, title VI, § 609, Aug. 8, 1985, 99 Stat. 230.)

CITE AS: 22 USC 2291b

§ 2291c. Requirements relating to aircraft and other equipment
(a) Retention of title to aircraft
(1) In general
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) Exceptions
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) Assistance for leasing of aircraft
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” under section 23 of the Arms Export Control Act [22 U.S.C. 2763] may be used to finance the leasing of aircraft under chapter 6 of that Act [22 U.S.C. 2796 et seq.].
(B) Section 61(a)(3) 1
1 See References in Text note below.
of that Act [22 U.S.C. 2796(a)(3)] shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act [22 U.S.C. 2761(a)(1)(B), 2762] (as appropriate).
(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act [22 U.S.C. 2795 et seq.], funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act [22 U.S.C. 2761(e)(1)]). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act [22 U.S.C. 2777(a), 2792(b)].
(b) Permissible uses of aircraft and other equipment
(c) ReportsIn the reports submitted pursuant to section 2291h(a) of this title, the President shall discuss—
(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part, and
(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
(Pub. L. 87–195, pt. I, § 484, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61; amended Pub. L. 101–623, § 7, Nov. 21, 1990, 104 Stat. 3355; Pub. L. 102–583, § 4(f)(1), (2)(D), Nov. 2, 1992, 106 Stat. 4916, 4917.)

CITE AS: 22 USC 2291c

§ 2291d. Records of aircraft use
(a) Requirement to maintain records
(b) Congressional access to records
(Pub. L. 87–195, pt. I, § 485, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61; amended Pub. L. 102–583, § 4(f)(3), Nov. 2, 1992, 106 Stat. 4917.)

CITE AS: 22 USC 2291d

§ 2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking
If any funds authorized to be appropriated for any fiscal year for assistance under this chapter are not used for assistance for the country for which those funds were allocated because of the requirements of section 2291j of this title or any other provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production or trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking, as follows:
(1) International narcotics control assistance
(2) Other assistance
(Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), Nov. 18, 1988, 102 Stat. 4270; amended Pub. L. 102–583, § 6(b)(5), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103–447, title I, § 101(d), Nov. 2, 1994, 108 Stat. 4692.)

CITE AS: 22 USC 2291e

§ 2291f. Prohibition on assistance to drug traffickers
(a) Prohibition
The President shall take all reasonable steps to ensure that assistance under this chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.] is not provided to or through any individual or entity that the President knows or has reason to believe—
(1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to narcotic or psychotropic drugs or other controlled substances; or
(2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such substance.
(b) Regulations
(c) Congressional review of regulations
(Pub. L. 87–195, pt. I, § 487, as added Pub. L. 100–690, title IV, § 4503, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102–583, § 6(b)(6), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103–447, title I, § 101(e), Nov. 2, 1994, 108 Stat. 4692.)

CITE AS: 22 USC 2291f

§ 2291g. Limitations on acquisition of real property and construction of facilities
(a) Acquisition of real property
(1) Prohibition
(2) Exception for certain leases
(b) Construction of facilities
(1) Limitation
(2) Exception
(Pub. L. 87–195, pt. I, § 488, as added Pub. L. 100–690, title IV, § 4505, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102–583, § 4(g), Nov. 2, 1992, 106 Stat. 4917; Pub. L. 107–228, div. A, title VI, § 671(3), Sept. 30, 2002, 116 Stat. 1407.)

CITE AS: 22 USC 2291g

§ 2291h. Reporting requirements
(a) International narcotics control strategy reportNot later than March 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:
(1) For each country that received assistance under this part for either of the 2 preceding fiscal years, a report on the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(2)
(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry).
(B) Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis.
(3) The identity of those countries which are—
(A) major illicit drug producing countries or major drug-transit countries as determined under section 2291j(h) of this title;
(B) major sources of precursor chemicals used in the production of illicit narcotics; or
(C) major money laundering countries.
(4) In addition, for each country identified pursuant to paragraph (3),1
1 See References in Text note below.
the following:
(A) A description of the plans, programs, and timetables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments achieved in accord with those plans.
(B) Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions.
(5) In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B),1 a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances.
(6) In addition, for those countries identified pursuant to paragraph (3)(C)— 1
(A) which countries are parties to international agreements on a method for maintaining records of transactions of an established list of precursor and essential chemicals;
(B) which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and
(C) which countries have enacted national chemical control legislation which would impose specific recordkeeping and reporting requirements for listed chemicals, establish a system of permits or declarations for imports and exports of listed chemicals, and authorize government officials to seize or suspend shipments of listed chemicals.
(7) In addition, for those countries identified pursuant to paragraph (3)(D) 1 the following:
(A)
(i) Which countries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived from illegal drug sales in the United States or that otherwise significantly affect the United States;
(ii) which countries identified pursuant to clause (i) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings; and
(iii) which countries identified pursuant to clause (ii)—(I) are negotiating in good faith with the United States to establish such a record-exchange mechanism, or(II) have adopted laws or regulations that ensure the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investigations and proceedings.
(B) Which countries—
(i) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Financial Action Task Force, the policy directive of the European Community, the legislative guidelines of the Organization of American States, and other similar declarations; and
(ii) have entered into bilateral agreements for the exchange of information on money-laundering with countries other than the United States.
(C) Findings on each country’s adoption of law and regulations considered essential to prevent narcotics-related money laundering. Such findings shall include whether a country has—
(i) criminalized narcotics money laundering;
(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recording of large currency transactions at thresholds appropriate to that country’s economic situation;
(iii) required banks and other financial institutions to maintain, for an adequate time, records necessary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering cases;
(iv) required or allowed financial institutions to report suspicious transactions;
(v) established systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets;
(vi) enacted laws for the sharing of seized narcotics assets with other governments;
(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments investigating financial crimes related to narcotics; and
(viii) addressed the problem on international transportation of illegal-source currency and monetary instruments.
The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to address such obstacles, including the imposition of sanctions or penalties.
(8)
(A) A separate section that contains the following:
(i) An identification of the five countries that exported the largest amount of pseudoephedrine, ephedrine, and phenylpropanolamine (including the salts, optical isomers, or salts of optical isomers of such chemicals, and also including any products or substances containing such chemicals) during the preceding calendar year.
(ii) An identification of the five countries that imported the largest amount of the chemicals described in clause (i) during the preceding calendar year and have the highest rate of diversion of such chemicals for use in the illicit production of methamphetamine (either in that country or in another country).
(iii) An economic analysis of the total worldwide production of the chemicals described in clause (i) as compared to the legitimate demand for such chemicals worldwide.
(B) The identification of countries that imported the largest amount of chemicals under subparagraph (A)(ii) shall be based on the following:
(i) An economic analysis that estimates the legitimate demand for such chemicals in such countries as compared to the actual or estimated amount of such chemicals that is imported into such countries.
(ii) The best available data and other information regarding the production of methamphetamine in such countries and the diversion of such chemicals for use in the production of methamphetamine.
(9)
(A) An assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, of the extent to which any diplomatic efforts described in section 7217(a) of the Fentanyl Sanctions Act have been successful.
(B) Each assessment required by subparagraph (A) shall include an identification of—
(i) the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and
(ii) the countries the governments of which have not agreed to measures described in clause (i), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.
(10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present.
(11) A separate section that contains the following:
(A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year.
(B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States.
(C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II 1 of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;
(D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (
(E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.
(12)Covered synthetic drugs and new psychoactive substances.—
(A)Covered synthetic drugs.—Information that contains an assessment of the countries significantly involved in the manufacture, production, transshipment, or trafficking of covered synthetic drugs, to include the following:
(i) The scale of legal domestic production and any available information on the number of manufacturers and producers of such drugs in such countries.
(ii) Information on any law enforcement assessments of the scale of illegal production of such drugs, including a description of the capacity of illegal laboratories to produce such drugs.
(iii) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such drugs.
(iv) An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, shipment, and trafficking of such drugs and an assessment of the effectiveness of the policies’ implementation.
(B)New psychoactive substances.—Information on, to the extent practicable, any policies of responding to new psychoactive substances, to include the following:
(i) Which governments have articulated policies on scheduling of such substances.
(ii) Any data on impacts of such policies and other responses to such substances.
(iii) An assessment of any policies the United States could adopt to improve its response to new psychoactive substances.
(C)Definitions.—In this paragraph, the terms “covered synthetic drug” and “new psychoactive substance” have the meaning given those terms in section 5558 of the FENTANYL Results Act.
(b) Annual reports on assistance
(1) In general
(2) Information to be includedEach report pursuant to this subsection shall—
(A) specify the amount and nature of the assistance provided or to be provided;
(B) include, for each country identified in subsection (a)(3)(A), information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail—
(i) the assistance provided or to be provided to such country by that agency, and
(ii) the assistance provided or to be provided to that agency by such country,
with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and
(C) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and physical condition of each item of property transferred.
(Pub. L. 87–195, pt. I, § 489, as added Pub. L. 102–583, § 5(a), Nov. 2, 1992, 106 Stat. 4917; amended Pub. L. 103–447, title I, § 101(f)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104–66, title I, § 1112(c), Dec. 21, 1995, 109 Stat. 724; Pub. L. 109–177, title VII, § 722(a), Mar. 9, 2006, 120 Stat. 268; Pub. L. 116–92, div. F, title LXXII, § 7217(b), Dec. 20, 2019, 133 Stat. 2269; Pub. L. 117–81, div. E, title LI, § 5102(b), div. F, title LXVI, § 6610(c), Dec. 27, 2021, 135 Stat. 2344, 2447; Pub. L. 117–263, div. E, title LV, § 5555(a), Dec. 23, 2022, 136 Stat. 3342.)

CITE AS: 22 USC 2291h

§ 2291i. Repealed. Pub. L. 104–66, title I, § 1112(a), Dec. 21, 1995, 109 Stat. 723

CITE AS: 22 USC 2291i

§ 2291j. Annual certification procedures
(a) Withholding of bilateral assistance and opposition to multilateral development assistance
(1) Bilateral assistance
(2) Multilateral assistance
(b) Certification procedures
(1) What must be certifiedSubject to subsection (d), the assistance withheld from a country pursuant to subsection (a)(1) may be obligated and expended, and the requirement of subsection (a)(2) to vote against multilateral development bank assistance to a country shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 2291h(a) of this title, that—
(A) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(1) be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2).
(2) Considerations regarding cooperationIn making the determination described in paragraph (1)(A), the President shall consider the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(3) Information to be included in national interest certification
(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and
(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own.
(c) Licit opium producing countries
(d) Congressional review
(e) Denial of assistance for countries decertifiedIf the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (f) are satisfied—
(1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; and
(2) the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) shall apply with respect to that country, without regard to the date specified in that subsection.
(f) RecertificationSubsection (e) shall apply to a country described in that subsection until—
(1) the President, at the time of submission of the report required by section 2291h(a) of this title, makes a certification under subsection (b)(1)(A) or (b)(1)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or
(2) the President, at any other time, makes the certification described in subsection (b)(1)(B) with respect to that country, except that this paragraph applies only if either—
(A) the President also certifies that—
(i) that country has undergone a fundamental change in government, or
(ii) there has been a fundamental change in the conditions that were the reason—(I) why the President had not made a certification with respect to that country under subsection (b)(1)(A), or(II) if he had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification, why the Congress enacted that joint resolution; or
(B) the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.
(g) Senate procedures
(h) Determining major drug-transit and major illicit drug producing countries
(Pub. L. 87–195, pt. I, § 490, as added Pub. L. 102–583, § 5(a), Nov. 2, 1992, 106 Stat. 4924; amended Pub. L. 103–447, title I, § 101(g)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104–66, title I, § 1112(d), Dec. 21, 1995, 109 Stat. 724; Pub. L. 109–177, title VII, § 722(b), Mar. 9, 2006, 120 Stat. 268.)

CITE AS: 22 USC 2291j

§ 2291j–1. International drug control certification proceduresDuring any fiscal year, funds that would otherwise be withheld from obligation or expenditure under section 2291j of this title may be obligated or expended beginning October 1 of such fiscal year provided that:
(1) Report
(2) Designation and justificationIn each report under paragraph (1), the President shall—
(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in section 2291h(a)(1) of this title;
(B) designate each country, if any, identified under section 2291h(a)(10) of this title that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II 1
1 See References in Text note below.
of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;
(C) designate each country, if any, identified under section 2291h(a)(10) of this title that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)) 2
2 So in original. Probably should be followed by a closing parenthesis.
;
(D) include a justification for each country designated under subparagraph (A), (B), or (C).
(3) Limitation on assistance for designated countriesIn the case of a country identified in a report under paragraph (1) that is designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2), United States assistance may be provided to such country in the subsequent fiscal year only if the President determines and reports to the appropriate congressional committees that—
(A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or
(B) subsequent to the designation being made under paragraph (2)(A), the country has made substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in section 2291h(a)(1) of this title.
(4) International counternarcotics agreement definedIn this section, the term “international counternarcotics agreement” means—
(A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as—
(i) the production, distribution, and interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence);
(v) the extradition of nationals and individuals involved in drug-related criminal activity;
(vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.
(5) Application
(A) Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the President may apply the procedures set forth in section 2291j(a) through (h) of this title during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug producing country as defined in section 2291(e) of this title.
(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 2291(e)(4)(E) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 2291(e)(4)(F) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(E) Notwithstanding paragraph (3), global health assistance (as described in section 2291(e)(4)(G) of this title) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph
(F) Nothing in this section shall affect the requirements of section 2291j of this title with respect to countries identified pursuant to clause (i) or (ii) of section 2291h(a)(8)(A) of this title.
(6) Statutory construction
(7) Transition rule
(8) Effective date
(Pub. L. 107–228, div. A, title VI, § 706, Sept. 30, 2002, 116 Stat. 1424; Pub. L. 109–177, title VII, § 722(c), Mar. 9, 2006, 120 Stat. 269; Pub. L. 117–81, div. F, title LXVI, § 6610(d), Dec. 27, 2021, 135 Stat. 2448.)

CITE AS: 22 USC 2291j-1

§ 2291k. Repealed. Pub. L. 104–66, title I, § 1112(b), Dec. 21, 1995, 109 Stat. 724

CITE AS: 22 USC 2291k

§ 2291l. Prioritization of efforts of the Department of State to combat international trafficking in covered synthetic drugs
(a) In general
The Secretary of State shall prioritize efforts of the Department of State to combat international trafficking of covered synthetic drugs by carrying out programs and activities to include the following:
(1) Supporting increased data collection by the United States and foreign countries through increased drug use surveys among populations, increased use of wastewater testing where appropriate, and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership with international drug agencies, including the European Monitoring Centre for Drugs and Drug Addiction, regulatory agencies in foreign countries, and the United Nations Office on Drugs and Crime.
(3) Carrying out programs to provide technical assistance and equipment, as appropriate, to strengthen the capacity of foreign law enforcement agencies with respect to covered synthetic drugs, as required by section 2291m of this title.
(4) Carrying out exchange programs for governmental and nongovernmental personnel in the United States and in foreign countries to provide educational and professional development on demand reduction matters relating to the illicit use of covered synthetic drugs and other drugs, as required by section 2291n of this title.
(b) Report
(1) In general
(2) Appropriate congressional committees defined
In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
(Pub. L. 117–263, div. E, title LV, § 5552, Dec. 23, 2022, 136 Stat. 3341.)

CITE AS: 22 USC 2291l

§ 2291m. Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs
(a) In general
(b) Priority
(c) Countries described
The foreign countries described in this subsection are—
(1) countries that are producers of covered synthetic drugs;
(2) countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic drugs as defined by the Secretary of State.
(d) Exception
(e) Authorization of appropriations
(Pub. L. 117–263, div. E, title LV, § 5553, Dec. 23, 2022, 136 Stat. 3341.)

CITE AS: 22 USC 2291m

§ 2291n. Exchange program on demand reduction matters relating to illicit use of covered synthetic drugs
(a) In general
(b) Program requirements
The program required by subsection (a)—
(1) shall be limited to individuals who have expertise and experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program, in coordination with the Bureau of International Narcotics and Law Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or nongovernmental personnel in the United States.
(c) Authorization of appropriations
(Pub. L. 117–263, div. E, title LV, § 5554, Dec. 23, 2022, 136 Stat. 3342.)

CITE AS: 22 USC 2291n