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United States Code (Last Updated: May 24, 2014) |
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Title 22. FOREIGN RELATIONS AND INTERCOURSE |
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Chapter 32. FOREIGN ASSISTANCE |
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SubChapter I. INTERNATIONAL DEVELOPMENT |
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Part VIII. International Narcotics Control |
§ 2291. Policy, general authorities, coordination, foreign police actions, definitions, and other provisions
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(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 Consistent with chapter 1 of the National Narcotics Leadership Act of 1988, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or trafficking.
(2) Rule of construction Nothing contained in this subsection or section 2291h(b) of this title shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.
(c) Participation in foreign police actions (1) Prohibition on effecting an arrest No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect to narcotics control efforts, notwithstanding any other provision of law.
(2) Participation in arrest actions Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest.
(3) Exception for exigent, threatening circumstances Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public.
(4) Exception for maritime law enforcement With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country.
(5) Interrogations No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person.
(6) Exception for Status of Forces arrangements This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.
(d) Use of herbicides for aerial eradication (1) Monitoring The President, with the assistance of appropriate Federal agencies, shall monitor any use under this part of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.
(2) Annual reports In the annual report required by section 2291h(a) of this title, the President shall report on the impact on the environment and the health of individuals of the use under this part of a herbicide for aerial eradication.
(3) Report upon determination of harm to environment or health If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.
(e) Definitions For 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 in which— (A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year; (B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or (C) 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; (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 (including programs under subpart IV of part II of this subchapter, relating to the Overseas Private Investment 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.]; and (D) financing under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.]; (5) the term “major drug-transit country” means a country— (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or (B) through which are transported such drugs or substances; and (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; and (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.
References In Text
The National Narcotics Leadership Act of 1988, referred to in subsec. (b)(1), is subtitle A of title I of Pub. L. 100–690,
Executive Order Number 12333, referred to in subsec. (b)(2), is set out as a note under section 3001 of Title 50, War and National Defense.
This chapter, referred to in subsec. (e)(4)(A), was in the original “this Act”, meaning Pub. L. 87–195,
The Arms Export Control Act, referred to in subsec. (e)(4)(B), is Pub. L. 90–629,
The Food for Peace Act, referred to in subsec. (e)(4)(C), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.
The Export-Import Bank Act of 1945, referred to in subsec. (e)(4)(D), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is classified generally to subchapter I (§ 635 et seq.) of chapter 6A of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 635 of Title 12 and Tables.
Prior Provisions
A prior section 481 of Pub. L. 87–195, pt. I, as added Pub. L. 92–226, pt. I, § 109,
Amendments
2008—Subsec. (e)(4)(C). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
1997—Subsec. (b)(1). Pub. L. 105–20 substituted reference to chapter 1 of the National Narcotics Leadership Act of 1988 for reference to subtitle A of title I of the Anti-Drug Abuse Act of 1988.
1996—Subsec. (a)(1)(D) to (G). Pub. L. 104–164, § 131(a)(1), added subpar. (D) and redesignated former subpars. (D) to (F) as (E) to (G), respectively.
Subsec. (a)(4). Pub. L. 104–164, § 131(a)(2), inserted “, or for other anticrime purposes” before period at end.
1994—Subsec. (d)(2) to (4). Pub. L. 103–447, § 101(a), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Secretary of State shall inform the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency of the use or intended use by any country or international organization of any herbicide for aerial eradication in a program receiving assistance under this part.”
Subsec. (e). Pub. L. 103–447, § 101(b)(1), substituted “For” for “Except as provided in sections 2291j(h) and (i) of this title with respect to the definition of major illicit drug producing country and major drug-transit country, for”.
Subsec. (e)(2). Pub. L. 103–447, § 101(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘major illicit drug producing country’ means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana;”.
Subsec. (e)(6) to (8). Pub. L. 103–447, § 101(b)(3)–(5), added pars. (6) and (7) and redesignated former par. (6) as (8).
1992—Pub. L. 102–583, § 4(a), added section catchline and struck out former catchline which read as follows: “International narcotics control”.
Subsec. (a)(1). Pub. L. 102–583, § 4(a), added par. (1) and struck out former par. (1) which read as follows: “It is the sense of the Congress that—
“(A) under the Single Convention on Narcotic Drugs, 1961, each signatory country has the responsibility of limiting to licit purposes the cultivation, production, manufacture, sale, and other distribution of scheduled drugs;
“(B) suppression of international narcotics trafficking is among the most important foreign policy objectives of the United States;
“(C) the international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations;
“(D) international narcotics control programs should include, as a priority, the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived, and should also include the suppression of the illicit manufacture of and traffic in narcotic and psychotropic drugs;
“(E) the objective of the United States in dealing with the problem of international money laundering should be to ensure that countries adopt comprehensive domestic measures against money laundering and cooperative with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions; and
“(F) effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs.”
Subsec. (a)(1)(D) to (F). Pub. L. 102–550, § 1519(a), struck out “and” at end of subpar. (D), added subpar. (E), and redesignated former subpar. (E) as (F).
Subsec. (a)(2). Pub. L. 102–583, § 4(b), inserted “, including reciprocal maritime agreements,” after “agreements”.
Subsec. (b). Pub. L. 102–583, § 4(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Not later than September 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 complete and detailed midyear report on the activities and operations carried out under this part prior to such date. Such midyear report shall include, but not be limited to, the status of each agreement concluded prior to such date with other countries to carry out the purposes of this part.”
Subsec. (c)(4). Pub. L. 102–583, § 4(d), inserted “or archipelagic waters” after “sea”.
Subsec. (d)(3). Pub. L. 102–583, § 6(b)(1), substituted “section 2291h(a) of this title” for “subsection (e) of this section”.
Subsec. (e). Pub. L. 102–583, §§ 6(b)(2), (3), 11(a), redesignated subsec. (i) as (e), substituted “Except as provided in sections 2291j(h) and (i) of this title with respect to the definition of major illicit drug producing country and major drug-transit country, for purposes of this part and other provisions of this chapter relating specifically to international narcotics matters” for “As used in this section” in introductory provisions, substituted “; and” for period at end of par. (5), added par. (6), and struck out former subsec. (e) which directed President to make annual reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate related to United States policy to promote an international strategy against the cultivation, and manufacture of and traffic in controlled substances, and described contents of those reports.
Pub. L. 102–550, § 1519(b), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. As added, par. (7) read as follows:
“(A) Each report pursuant to this subsection shall include a report on major money laundering countries. This report shall specify—
“(i) which countries are major money laundering countries;
“(ii) which countries identified pursuant to clause (i) 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;
“(iii) which countries identified pursuant to clause (ii) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings;
“(iv) which countries identified pursuant to clause (iii)—
“(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; and
“(v) which countries identified pursuant to clause (i)—
“(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,
“(B) In addition, for each major money laundering country, the report shall include findings on the 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.
“(C) The report shall also include information on multilateral and bilateral strategies 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.
“(D) 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.
“(E) As used in this paragraph, 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.”
Subsecs. (f) to (h). Pub. L. 102–583, § 6(b)(2), struck out subsec. (f) relating to consultation with members of Congress, subsec. (g) relating to congressional committee hearings, and subsec. (h) relating to annual certification procedures.
Subsec. (i). Pub. L. 102–583, § 6(b)(3), redesignated subsec. (i) as (e).
Subsec. (i)(4). Pub. L. 102–583, § 5(b), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (E) and concluding provisions, which defined “United States assistance”.
Subsec. (i)(5). Pub. L. 102–550, § 1519(c), inserted “or” at end of subpar. (A), substituted a period for “or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government.”
Subsecs. (j), (k). Pub. L. 102–583, § 6(b)(2), struck out subsec. (j) relating to actions by international bodies and subsec. (k) relating to procedures for determining major drug-transit countries.
1989—Subsec. (a)(1). Pub. L. 101–231, § 17(a), struck out at end “This cooperation should include the development and transmittal of plans by each signatory country to the Single Convention on Narcotic Drugs, 1961, in which illicit narcotics and psychotropic crop cultivation exists, which would advise the International Narcotics Control Board, the United Nations Commission on Narcotic Drugs, and the international community of the strategy, programs, and timetable such country has established for the progressive elimination of that cultivation.”
Subsec. (b). Pub. L. 101–231, § 17(b), inserted “Mid-year report” as heading, struck out par. (1) which required quarterly reports on the programming and obligation of funds under this part, redesignated former par. (2) as subsec. (b), and substituted “Not later than September” for “Not later than August”.
Subsec. (c). Pub. L. 101–231, § 15, inserted “Participation in foreign police actions” as heading and amended text generally, inserting par. headings, redesignating provisions comprising former par. (1) as pars. (1) and (2) and, in par. (2), inserting provision not prohibiting presence of officers and employees when foreign officers are effecting an arrest, and striking out former par. (2) which prohibited officers or employees from engaging or participating in direct police action in a foreign country with respect to narcotics control efforts.
Subsec. (d). Pub. L. 101–231, § 17(c), inserted “Use of herbicides for aerial eradication” as heading and amended text generally, substituting pars. (1) to (4) for former pars. (1) to (5).
Subsec. (h)(2)(A)(i)(IV). Pub. L. 101–231, § 17(d)(1), substituted “illicit production” for “production”.
Subsec. (h)(2)(B)(iii). Pub. L. 101–231, § 17(d)(2), substituted “education and treatment programs” for “treatment”.
Subsec. (h)(2)(B)(v). Pub. L. 101–231, § 17(d)(3), substituted “essential precursor chemicals” for “precursor chemicals”.
Subsec. (h)(3)(D). Pub. L. 101–231, § 17(d)(4), substituted “illicit production” for “production”.
Subsec. (i)(2). Pub. L. 101–231, § 17(e), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘major illicit drug producing country’ means a country producing five metric tons or more of opium or opium derivative during a fiscal year or producing five hundred metric tons or more of coca or marijuana (as the case may be) during a fiscal year;”.
Subsec. (k)(4). Pub. L. 101–231, § 17(f), struck out par. (4) which required that reports under subsec. (e) discuss changes made since notification provided pursuant to subsec. (k)(2) and (3).
1988—Subsec. (a)(1)(B) to (E). Pub. L. 100–690, § 4502, added subpar. (B), and redesignated former subpars. (B) to (D) as (C) to (E), respectively.
Subsec. (d)(5). Pub. L. 100–690, § 4202(b), added par. (5).
Subsec. (e)(4). Pub. L. 100–690, § 4401, inserted provisions after first sentence requiring each determination of President to be expressed in numerical terms.
Subsec. (e)(8). Pub. L. 100–690, § 4402, added par. (8).
Subsec. (h)(1). Pub. L. 100–690, § 4407(a), added par. (1) and struck out former par. (1) which related to withholding of assistance to major illicit drug producing countries or major drug-transit countries.
Pub. L. 100–461, § 578(h), inserted before “Subject” the following: “Not later than October 1 of each year, the Secretary of State shall submit a report to the Congress of those countries identified by the Secretary as being major drug producing or major drug transit countries (including the definition used to determine such drug transit countries) for purposes of the withholding requirements contained in subparagraph (A) of this paragraph and the certification requirements contained in paragraph (2) of this subsection.”
Subsec. (h)(2). Pub. L. 100–690, § 4407(a), added par. (2) and struck out former par. (2) which related to removal of restrictions imposed under par. (1).
Subsec. (h)(2)(A)(i)(I). Pub. L. 100–461, § 578(g)(3), inserted “or multilateral agreement which achieves the objectives of this subsection,” after “(ii)”.
Subsec. (h)(2)(A)(ii). Pub. L. 100–461, § 578(g)(1), amended cl. (ii) generally, substituting “A bilateral narcotics agreement referred to in clause (i)(I) is an agreement between the United States and a foreign country whereby the foreign country agrees to undertake specific activities including, where applicable, efforts to reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution; drug interdiction and enforcement; drug consumption and treatment; identification and elimination of illicit drug laboratories; identification and elimination of the trafficking of precursor chemicals for the use in production of illegal drugs; cooperation with United States drug enforcement officials; and, where applicable, participation in extradition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initiatives for cooperative drug enforcement.” for “A bilateral narcotics agreement referred to in clause (i)(I) is an agreement between the United States and a foreign country whereby the foreign country agrees to take specific activities including but not limited to, efforts to reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution; drug interdiction and enforcement; drug consumption and treatment; identification of and elimination of illicit drug laboratories; identification and elimination of the trafficking of precursor chemicals for the use in production of illegal drugs; cooperation with United States drug enforcement officials; and, where applicable, participation in extradition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initiatives for cooperative drug enforcement.”
Subsec. (h)(2)(B). Pub. L. 100–461, § 578(i), substituted “subparagraph (A)(i)(II)” for “clause (A)(ii)”.
Subsec. (h)(3). Pub. L. 100–690, § 4407(a), added par. (3) and struck out former par. (3) which related to certification by President.
Subsec. (h)(4). Pub. L. 100–690, § 4407(a), added par. (4). Subpar. (A) of former par. (4), which related to Congressional disapproval of certification, was struck out and subpar. (B) of former par. (4) redesignated par. (6)(B).
Subsec. (h)(5). Pub. L. 100–690, § 4407(a), (b)(1)(A), added par. (5) and struck out former par. (5) which related to prohibition of assistance or financing to any country for which President has not made certification under par. (2) or with respect to which Congress has enacted a joint resolution disapproving such certification unless President makes certification or Congress enacts joint resolution approving certification.
Subsec. (h)(6)(A). Pub. L. 100–690, § 4407(a), added subpar. (A).
Subsec. (h)(6)(B). Pub. L. 100–690, § 4407(a), (b)(1)(B)(i), (ii), redesignated par. (4)(B) as (6)(B) and substituted “Any joint resolution under this subsection” for “Any such joint resolution” in cl. (i).
Subsec. (h)(6)(B)(ii). Pub. L. 100–690, § 4407(b)(1)(B)(iii), which directed substitution of “resolutions” for “resolution” was executed by making the substitution the first place it appears, thus correcting grammatical error, as the probable intent of Congress.
Subsec. (i)(4)(vi). Pub. L. 100–690, § 4802(b), made technical amendment to reference to section 2151b(c)(2) of this title to correct reference to corresponding section of original act.
Subsec. (i)(4)(vii). Pub. L. 100–690, § 4403, substituted “2151x(b)(2) of this title (but any such assistance shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 2394–1 of this title),” for “2151x of this title;”.
Pub. L. 100–461, § 578(e)(2)(A), added cl. (vii). Former cl. (vii) redesignated cl. (viii).
Subsec. (i)(4)(viii). Pub. L. 100–461, § 578(e)(2)(B), redesignated cl. (vii) as (viii).
Subsec. (k). Pub. L. 100–690, § 4405(a), added subsec. (k).
1987—Subsec. (e)(7). Pub. L. 100–204, § 805(a), added par. (7).
Subsec. (h)(2)(A). Pub. L. 100–202 designated existing provisions of subpar. (A) as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and in subcl. (I) inserted “in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States, (as described in (ii)) and,” after “on its own,”, and added cl. (ii).
Subsec. (h)(4)(A). Pub. L. 100–204, § 805(b), which directed that subpar. (A) of subsec. (h) of this section be amended by substituting “45” for “30”, was executed by making the substitution in subpar. (A) of subsec. (h)(4) of this section to reflect the probable intent of Congress.
1986—Subsec. (a)(3), (4). Pub. L. 99–570, § 2017, added par. (3) and redesignated former par. (3) as (4).
Subsec. (c). Pub. L. 99–570, § 2009, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(1) Notwithstanding any other provision of law, no officer or employee of the United States may engage or participate in any direct police arrest action in any foreign country with respect to narcotics control efforts. No such officer or employee may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. The provisions of this paragraph shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.
“(2) Paragraph (1) of this subsection shall not prohibit officers and employees of the United States from being present during direct police arrest actions with respect to narcotic control efforts in a foreign country to the extent that the Secretary of State and the government of that country agree to such an exemption. The Secretary of State shall report any such agreement to the Congress before the agreement takes effect.”
Subsec. (e)(1). Pub. L. 99–570, § 2005(b), substituted “March” for “February”.
Subsec. (e)(3)(D). Pub. L. 99–570, § 2008, added subpar. (D).
Subsec. (h). Pub. L. 99–570, § 2005(a), amended subsec. (h) generally, revising and restating as pars. (1) to (5) provisions of former pars. (1) to (4).
Subsec. (i)(4). Pub. L. 99–570, § 2005(d), in concluding provisions, added cl. (vi), and redesignated former cl. (vi) as (vii).
Subsec. (i)(5). Pub. L. 99–570, § 2005(c), added par. (5).
1985—Subsec. (b). Pub. L. 99–83, § 604, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
“(1) Not later than forty-five days after the date on which each calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report on the programing and obligation, on a calendar quarter basis, of funds under this part prior to such date.
“(2) Not later than forty-five days after the date on which the second calendar quarter of each year ends and not later than forty-five days after the date on which the fourth calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed semiannual report on the activities and operations carried out under this part prior to such date. Such semiannual report shall include, but shall not be limited to—
“(A) the status of each agreement concluded prior to such date with other countries to carry out the purposes of this part; and
“(B) the aggregate of obligations and expenditures made, and the types and quantity of equipment provided, on a calendar quarter basis, prior to such date—
“(i) to carry out the purposes of this part with respect to each country and each international organization receiving assistance under this part, including the costs of United States personnel engaged in carrying out such purposes in each such country and with each such international organization;
“(ii) to carry out each program conducted under this part in each country and by each international organization, including the cost of United States personnel engaged in carrying out each such program; and
“(iii) for administrative support services within the United States to carry out the purposes of this part, including the cost of United States personnel engaged in carrying out such purposes in the United States.”
Subsec. (c)(2). Pub. L. 99–83, § 605, added par. (2).
Subsec. (e)(6). Pub. L. 99–83, § 606, added par. (6).
Subsec. (h)(4). Pub. L. 99–83, § 618, added par. (4).
1983—Subsec. (a). Pub. L. 98–164, § 1003(a), amended subsec. (a) generally, substituting provisions relating to applicability and implementation of Single Convention on Narcotic Drugs, 1961, and development, promotion and assistance respecting international narcotics control, for provisions relating to agreements, assistance, sanctions, etc., to facilitate international narcotics control.
Subsec. (e). Pub. L. 98–164, § 1003(b), amended subsec. (e) generally, substituting requirements for annual reports on cultivation and manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances and the specific contents of the reports for requirements for annual reports on the status of United States policy regarding production, interdiction, and interception of trafficking in narcotics.
Subsecs. (f) to (j). Pub. L. 98–164, § 1003(b), added subsecs. (f) to (j).
1981—Subsec. (c)(2). Pub. L. 97–113, § 734(a)(1), struck out par. (2) which provided for a Presidential study of multilateral narcotics control activities and transmission of this study to the Speaker of the House and the President of the Senate no later than
Subsec. (d). Pub. L. 97–113, § 502(a)(1), substituted provisions requiring the Secretary of State to inform the Secretary of Health and Human Services of any use of herbicides to eradicate marihuana in a program receiving assistance under this part, directing the Secretary of Health and Human Services to monitor the impact on the health of persons using such marihuana and if he determines their exposure to the herbicide harms their health, report to Congress such determination with any recommendations, urging the President to use not less than $100,000 to develop a substance that clearly and readily warns potential marihuana users that the marihuana has been sprayed with paraquat or other herbicide harmful to the health of the persons using it, and directing the Secretary of Agriculture, if such a substance is developed, to use such substance in conjunction with the spraying of paraquat or other herbicide for provisions prohibiting the use of funds under this part for spraying a herbicide to eradicate marihuana if that practice is likely to seriously harm the health of users of the sprayed marihuana, except if the substance is used with a substance that will clearly and readily warn potential users of the sprayed marihuana of the use of herbicide, and requiring the Secretary of State to submit a report to Congress not later than January 1 of each year detailing efforts taken to ensure compliance with this subsection.
Subsec. (e). Pub. L. 97–113, § 502(b), added subsec. (e).
1979—Subsec. (d)(1). Pub. L. 96–92 substituted “for the purpose of” for “or used for any program involving”.
1978—Subsec. (c)(1). Pub. L. 95–384, § 3, inserted provisions prohibiting any agent or employee of the United States Government from interrogating, or from being present at the interrogation of, any United States person arrested in any foreign country in the absence of the written consent of the person arrested and provisions relating to the applicability of this paragraph to the activities of the United States Armed Forces.
Subsec. (d). Pub. L. 95–384, § 4, added subsec. (d).
1976—Subsec. (c). Pub. L. 94–329 added subsec. (c).
1973—Pub. L. 93–189 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date Of Amendment
Amendment by Pub. L. 110–246 effective
Pub. L. 100–202, § 101(e) [title V, § 585(b)],
Amendment by Pub. L. 99–83 effective
Delegation Of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163,
Miscellaneous
Pub. L. 109–177, title VII, § 723,
Pub. L. 107–228, div. A, title VI, § 694,
Pub. L. 105–277, div. C, title VIII, § 821(b),
[For delegation of functions of President under section 821(b) of Pub. L. 105–277, div. C, title VIII, set out above, see Ex. Ord. No. 12163,
Pub. L. 101–623, § 8,
Pub. L. 101–513, title V, § 599H,
Pub. L. 101–240, title IV, § 407,
Pub. L. 101–231, § 10, [(c)] Coordination with Multilateral Debt Relief Activities.—The authority provided in subsection (a) shall be exercised in coordination with multilateral debt relief activities. [(d)] Effective Date.—Subsection (a) takes effect on
Pub. L. 101–167, title V, § 569(d),
Definitions
Pub. L. 100–690, title IV, § 4003,
Miscellaneous
Pub. L. 100–690, title IV, § 4101,
Pub. L. 100–690, title IV, § 4405(b),
Pub. L. 100–202, § 101(e) [title V, § 585(c)],
Pub. L. 99–570, title II, § 2007,
Pub. L. 99–570, title II, § 2018,
Pub. L. 99–570, title II, § 2029,
Pub. L. 107–68, title I, § 103,
Pub. L. 99–93, title VIII, § 814,
Pub. L. 99–151, title III, § 306,
Pub. L. 99–83, title VI, § 619,
Pub. L. 97–113, title V, § 502(a)(2)–(4),
Pub. L. 94–329, title IV, § 408,
Determination of President of the United States, No. 91–20,
Memorandum for the Secretary of State [and] the Secretary of Defense
By virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the provisions of the International Narcotics Control Act of 1990 (the INCA), Public Law 101–623 [see Short Title of 1990 Amendment note set out under section 2151 of this title], and 3 U.S.C. section 301, I hereby:
(1) Delegate to the Secretary of State the functions conferred upon me by the following sections of the INCA:
Section 4(a) [
(2) Delegate to the Secretary of Defense the functions conferred upon me by section 8 of the INCA [set out as a note above].
(3) Delegate to the heads of executive departments and agencies those functions under the INCA relating to notifications to the Congress insofar as such functions relate to programs for which those heads of departments and agencies have responsibilities for notifications to the Congress under Executive Order No. 12163, as amended [22 U.S.C. 2381 note]; provided that the heads of departments and agencies shall consult with the Secretary of State before exercising the functions delegated by this paragraph with regard to narcotics-related assistance.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.