[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Presidential Documents]
[Pages 57809-57811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21801]


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                         Presidential Documents 
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  Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 57809]]

                Presidential Determination No. 2004-47 of September 15, 
                2004

                
Presidential Determination on Major Drug Transit 
                or Major Illicit Drug Producing Countries for FY05

                Memorandum for the Secretary of State

                Pursuant to section 706(1) of the Foreign Relations 
                Authorization Act, Fiscal Year 2003 (Public Law 107-
                228) (FRAA), I hereby identify the following countries 
                as major drug-transit or major illicit drug producing 
                countries: Afghanistan, The Bahamas, Bolivia, Brazil, 
                Burma, China, Colombia, Dominican Republic, Ecuador, 
                Guatemala, Haiti, India, Jamaica, Laos, Mexico, 
                Nigeria, Pakistan, Panama, Paraguay, Peru, Venezuela, 
                and Vietnam.

                The Majors List applies by its terms to ``countries.'' 
                The United States Government interprets the term 
                broadly to include entities that exercise autonomy over 
                actions or omissions that could lead to a decision to 
                place them on the list and, subsequently, to determine 
                their eligibility for certification. A country's 
                presence on the Majors List is not necessarily an 
                adverse reflection of its government's counternarcotics 
                efforts or level of cooperation with the United States. 
                Consistent with the statutory definition of a major 
                drug-transit or drug-producing country set forth in 
                section 481(e)(5) of the Foreign Assistance Act of 
                1961, as amended (FAA), one of the reasons that major 
                drug-transit or illicit drug producing countries are 
                placed on the list is the combination of geographical, 
                commercial, and economic factors that allow drugs to 
                transit or be produced despite the concerned 
                government's most assiduous enforcement measures.

                Pursuant to section 706(2)(A) of the FRAA, I hereby 
                designate Burma as a country that has failed 
                demonstrably during the previous 12 months to adhere to 
                its obligations under international counternarcotics 
                agreements and take the measures set forth in section 
                489(a)(1) of the FAA. Attached to this report is a 
                justification (statement of explanation) for the 
                determination on Burma, as required by section 
                706(2)(B).

                I have removed Thailand from the list of major drug-
                transit or major illicit drug producing countries. 
                Thailand's opium poppy cultivation is well below the 
                levels specified in the FRAA; no heroin processing 
                laboratories have been found in Thailand for several 
                years, and Thailand is no longer a significant direct 
                source of illicit narcotic or psychotropic drugs or 
                other controlled substances significantly affecting the 
                United States; nor is it a country through which such 
                drugs or substances are transported.

                In contrast to the Government of Haiti's dismal 
                performance last year under the Aristide regime, the 
                new Interim Government of Haiti (IGOH), headed by Prime 
                Minister Latortue, has taken substantive--if limited--
                counternarcotics actions in the few months it has been 
                in office. Nevertheless, we remain deeply concerned 
                about the ability of Haitian law enforcement to 
                reorganize and restructure sufficiently to carry out 
                sustained counternarcotics efforts.

                The decreased use of MDMA (Ecstasy) among young people 
                in the United States is a hopeful sign, but we continue 
                to place priority on stopping the threat of club drugs, 
                including MDMA, of which The Netherlands continues to 
                be the dominant source country. The Government of The 
                Netherlands is an enthusiastic and capable partner, and 
                we commend its efforts. We continue to be concerned, 
                however, by obstacles to mutual legal assistance and 
                extradition from The Netherlands. There is a need to 
                work more

[[Page 57810]]

                deliberately to disrupt the criminal organizations 
                responsible for the production and trafficking of 
                synthetic drugs. Specifically, we urge enhanced use of 
                financial investigation, including full exploitation of 
                anti-money laundering statutes and financial 
                investigators to identify and dismantle trafficking 
                organizations, and to seize and forfeit the assets 
                acquired from the drug trade.

                While the vast majority of illicit drugs entering the 
                United States continue to come from South America and 
                Mexico, we remain concerned about the substantial flow 
                of illicit drugs from Canada. I commend Canada for its 
                successful efforts to curb the diversion of precursor 
                chemicals used in methamphetamine production. We are 
                now working intensively with Canadian authorities to 
                address the increase in the smuggling of Canadian-
                produced marijuana into the United States; however we 
                are concerned the lack of significant judicial 
                sanctions against marijuana producers is resulting in 
                greater involvement in the burgeoning marijuana 
                industry by organized criminal groups. Canada has 
                expressed concern to us about the flow of cocaine and 
                other illicit substances through the United States into 
                Canada. United States and Canadian law enforcement 
                personnel have collaborated on a number of 
                investigations that have led to the dismantling of 
                several criminal organizations. The two governments 
                will continue to work closely in the year ahead to 
                confront these shared threats.

                Nigeria put measures in place to increase the 
                effectiveness of the National Drug Law Enforcement 
                Agency, and also arrested a trafficker wanted by the 
                United States, which met the agreed-upon interdiction 
                targets. However, Nigeria must take significant and 
                decisive action to investigate and prosecute political 
                corruption, which continues to undermine the 
                transparency of its government. President Obasanjo took 
                steps to address corruption at the G-8 meetings in Sea 
                Island, Georgia, by entering into a Compact to Promote 
                Transparency and Combat Corruption. Positive 
                transparent measures will in turn benefit Nigeria's 
                anti-narcotics efforts, the rule of law, and all 
                democratic institutions.

                Despite good faith efforts on the part of the central 
                Afghanistan government, we are concerned about 
                increased opium crop production in the provinces.

                We are deeply concerned about heroin and 
                methamphetamine linked to North Korea being trafficked 
                to East Asian countries. We consider it highly likely 
                that state agents and enterprises in North Korea are 
                involved in the narcotics trade. While we know that 
                some opium poppy is cultivated in North Korea, reliable 
                information confirming the extent of opium production 
                is currently lacking. There are also clear indications 
                that North Koreans traffic in, and probably 
                manufacture, methamphetamine. In recent years, 
                authorities in the region have routinely seized 
                shipments of methamphetamine and/or heroin that had 
                been transferred to traffickers' ships from North 
                Korean vessels. The April 2003 seizure of 125 kilograms 
                of heroin smuggled to Australia aboard the North 
                Korean-owned vessel ``Pong Su'' is the latest and 
                largest seizure of heroin pointing to North Korean 
                complicity in the drug trade. Although there is no 
                evidence that narcotics originating in or transiting 
                North Korea reach the United States, we are working 
                closely with our partners in the region to stop North 
                Korean involvement in illicit narcotics production and 
                trafficking.

                We appreciate the efforts of China, Hong Kong, Taiwan, 
                and others in the region to stop the diversion of 
                pseudoephedrine and ephedrine used to manufacture 
                methamphetamine. However, considering the growing 
                methamphetamine problem in North America and Asia, 
                additional collaborative efforts to control these 
                precursor chemicals are necessary.

[[Page 57811]]

                You are hereby authorized and directed to submit this 
                report under section 706 of the FRAA, transmit it to 
                the Congress, and publish it in the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, September 15, 2004.

[FR Doc. 04-21801
Filed 09-27-04; 8:45 am]
Billing code 4710-10-P