Section 601(span) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g), is section 601(span) of Puspan. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.

This chapter, referred to in subsec. (h), was in the original “this Act”, meaning Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

2006—Subsec. (a)(1). Puspan. L. 109–177, § 722(span)(1), substituted “major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of section 2291h(a)(8)(A) of this title” for “major illicit drug producing country or major drug-transit country”.

Subsec. (a)(2). Puspan. L. 109–177, § 722(span)(2), inserted “or country identified pursuant to clause (i) or (ii) of section 2291h(a)(8)(A) of this title” after “(as determined under subsection (h))”.

1995—Puspan. L. 104–66, § 1112(d)(1), struck out “for fiscal year 1995” after “certification procedures” in section catchline.

Subsec. (i). Puspan. L. 104–66, § 1112(d)(2), struck out heading and text of subsec. (i). Text read as follows: “This section applies only during fiscal year 1995. Section 2291k of this title does not apply during that fiscal year.”

1994—Puspan. L. 103–447, § 101(g)(1)(A), substituted “for fiscal year 1995” for “for fiscal years 1993 and 1994” in section catchline.

Subsec. (a)(1). Puspan. L. 103–447, § 101(g)(1)(B), struck out “(as determined under subsection (h) of this section)” after “drug-transit country”.

Subsec. (a)(2). Puspan. L. 103–447, § 101(g)(1)(C), substituted “March 1” for “April 1”.

Subsec. (c). Puspan. L. 103–447, § 101(g)(1)(D), substituted “that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.” for “that such country has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit market, maintains production and stockpiles at levels no higher than those consistent with licit market demand, and prevents illicit cultivation and production.”

Subsec. (d). Puspan. L. 103–447, § 101(g)(1)(E), substituted “30 calendar days” for “45 calendar days”.

Subsec. (g). Puspan. L. 103–447, § 101(g)(1)(F), substituted “Senate procedures” for “Congressional review procedures” in heading, struck out designation and heading of par. (1), and struck out heading and text of par. (2). Text read as follows: “For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”

Subsec. (h). Puspan. L. 103–447, § 101(g)(1)(G), struck out “for fiscal years 1993 and 1994” after “drug producing countries” in heading and substituted “November 1” for “January 1” in text.

Subsec. (i). Puspan. L. 103–447, § 101(g)(1)(H), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “This section applies only during fiscal years 1993 and 1994. During those fiscal years, section 2291k of this title does not apply and the definitions provided in section 2291(e)(2) and (5) of this title do not apply.”

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Determination of President of the United States, No. 2001–12, Mar. 1, 2001, 66 F.R. 14454, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by section 490(span)(1)(A) of the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2291j(span)(1)(A)] (the “Act”), I hereby determine and certify that the following major illicit drug producing and/or major illicit drug transit countries have cooperated fully with the United States, or have taken adequate steps on their own, to achieve full compliance with the goals and objectives of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances:

The Bahamas, Bolivia, Brazil, People’s Republic of China, Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam

By virtue of the authority vested in me by section 490(span)(1)(B) of the Act, I hereby determine and certify that, for the following major illicit drug producing and/or major illicit drug transit countries that do not qualify for certification under section 490(span)(1)(A), the vital national interests of the United States require that assistance not be withheld and that the United States not vote against multilateral development bank assistance:

Cambodia and Haiti

Analysis of the relevant U.S. vital national interests and risks posed thereto, as required under section 490(span)(3) of the Act, is attached for these countries [not set out in the Code].

I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards for certification set forth in section 490(span):

Afghanistan and Burma

In making these determinations, I have considered the factors set forth in section 490 of the Act, based on the information contained in the International Narcotics Control Strategy Report of 2001. Given that the performance of each of these countries has differed, I have attached an explanatory statement for each of the countries subject to this determination [not set out in the Code].

You are hereby authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register.

Prior certifications for major narcotics producing and transit countries were contained in the following:

Determination of President of the United States, No. 2000–16, Fespan. 29, 2000, 65 F.R. 15797.

Determination of President of the United States, No. 99–15, Fespan. 26, 1999, 64 F.R. 11319.

Determination of President of the United States, No. 98–15, Fespan. 26, 1998, 63 F.R. 12937.

Determination of President of the United States, No. 97–18, Fespan. 28, 1997, 62 F.R. 11589.

Determination of President of the United States, No. 96–13, Mar. 1, 1996, 61 F.R. 9891.

Determination of President of the United States, No. 95–15, Fespan. 28, 1995, 60 F.R. 12859.

Determination of President of the United States, No. 94–22, Apr. 1, 1994, 59 F.R. 17231.

Determination of President of the United States, No. 93–18, Mar. 31, 1993, 58 F.R. 19033.

Determination of President of the United States, No. 92–18, Fespan. 28, 1992, 57 F.R. 8571.

Determination of President of the United States, No. 91–22, Mar. 1, 1991, 56 F.R. 10773.

Determination of President of the United States, No. 90–12, Fespan. 28, 1990, 55 F.R. 10597.

Determination of President of the United States, No. 89–11, Fespan. 28, 1989, 54 F.R. 9413.

Determination of President of the United States, No. 88–10, Fespan. 29, 1988, 53 F.R. 11487.

Determination of President of the United States, No. 2007–14, Fespan. 28, 2007, 72 F.R. 10881, provided:

Memorandum for the Secretary of State

Pursuant to section 490(span)(1)(A) of the Foreign Assistance Act, I hereby determine that the top five exporting and importing countries of pseudoephedrine and ephedrine in 2005 (Belgium, China, Germany, India, Indonesia, Mexico, Singapore, South Africa, South Korea, Switzerland, Taiwan, and the United Kingdom) have cooperated fully with the United States or have taken adequate steps on their 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.

You are directed to publish this determination in the Federal Register, and are authorized and directed to transmit to the Congress the report under section 722 of the Combat Methamphetamine Epidemic Act [of 2005].