[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Presidential Documents]
[Pages 56807-56808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19548]



[[Page 56805]]

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Part II





The President





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Presidential Determination No. 2005-36 of September 14, 2005--
Presidential Determination on Major Drug Transit or Major Illicit Drug 
Producing Countries for Fiscal Year 2006
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  Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 56807]]

                Presidential Determination No. 2005-36 of September 14, 
                2005

                
Presidential Determination on Major Drug Transit 
                or Major Illicit Drug Producing Countries for Fiscal 
                Year 2006

                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, Columbia, Dominican Republic, Ecuador, 
                Guatemala, Haiti, India, Jamaica, Laos, Mexico, 
                Nigeria, Pakistan, Panama, Paraguay, Peru, and 
                Venezuela.

                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 fourth in section 481(e)(2) and (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 
                designated Burma and Venezuela as countries that have 
                failed demonstrably during the previous 12 months to 
                adhere to their obligations under international 
                counternarcotics agreements and take the measures set 
                fourth in section 489(a)(1) of the FAA. Attached to 
                this report (Tab A) are justifications for the 
                determinations on Burma and Venezuela, as required by 
                section 706(2)(B).

                I have also determined, in accordance with provisions 
                of section 706(3)(A) of the FRAA, that support for 
                program to aid Venezuela's democratic institutions, 
                establish selected community development projects, and 
                strengthen Venezuela's political party system is vital 
                to the national interests of the United States.

                I have removed China and Vietnam from the list of major 
                drug transit or major illicit drug producing countries 
                because there is insufficient evidence to suggest that 
                China is a major source zone or transit country for 
                illicit narcotics that significantly affects the United 
                States. There is insufficient evidence to refute claims 
                by the Government of Vietnam that they have virtually 
                eliminated opium poppy production. Additionally, 
                although cooperation with United States law enforcement 
                is limited, there are no indications of a significant 
                Vietnam-based drug threat to the United States.

                Despite the Government of Afghanistan's 
                counternarcotics efforts, we remain concerned about the 
                disturbing magnitude of the drug trade and the prospect 
                that opium poppy cultivation will likely increase in 
                2006. We are also concerned about government 
                corruption, especially at the regional and local 
                levels, impending counternarcotics efforts. For these 
                efforts to be effective, government corruption with 
                respect to the opium economy must be seriously 
                addressed-by both local and central government 
                authorities.

                The Government of Canada has made real progress in 
                curbing the diversion into the United States of 
                pseudoephedrine, which fuels the production of 
                methamphetamine. There are indications, however, that 
                Canadian-based

[[Page 56808]]

                criminal groups are increasingly involved in the 
                production of MDMA (Ecstasy) destined for the United 
                States. Large scale cross-border trafficking of 
                Canadian-grown marijuana remains a serious concern. The 
                United States appreciates the excellent law enforcement 
                cooperation with Canada in combating these shared 
                threats.

                While Haiti made efforts this year to improve its 
                performance, we reiterate our concerns from last year 
                about the Interim Government of Haiti's inability to 
                effectively organize Haitian law enforcement resources 
                to permit sustained counternarcotics efforts. Further, 
                the national criminal justice system must be 
                significantly strengthened in order to be effective and 
                gain public confidence.

                The Government of The Netherlands has achieved 
                considerable success in countering the production and 
                flow of MDMA (Ecstasy) to the United States, and The 
                Netherlands is commended for its enhanced efforts. In 
                the coming year, the United States would like to build 
                upon our law enforcement cooperation with the Dutch 
                government through advancements in mutual legal 
                assistance and direct engagement between our respective 
                police agencies.

                Drug trafficking, money laundering, and other organized 
                criminal activity in Nigeria remain major sources of 
                concern to the United States. Progress over the past 
                year on anti-money laundering controls is welcome, but 
                much remains to be done to make such controls 
                effective. Implementing anti-corruption policies must 
                advance more quickly, as corruption at all levels of 
                government continues to hamper effective narcotics law 
                enforcement. In addition, measures similar to those 
                taken to improve drug law enforcement at Nigeria's main 
                airport need to be expanded to, and replicated at, 
                Nigeria's seaports, where drug trafficking is a growing 
                concern. Finally, the National Drug Law Enforcement 
                Agency (NDLEA) and other counternarcotics institutions 
                should work towards developing the mindset and capacity 
                to pursue investigations, and prosecutions of major 
                drug traffickers based in the country.

                We remain concerned with the continued involvement by 
                the Democratic People's Republic of Korea (DPRK) in 
                criminal activity, including drug production and drug 
                trafficking. Given the close relationship between 
                Japanese and Chinese criminal elements and DPRK drug 
                traffickers in past smuggling incidents, there is a 
                real possibility of continuing DPRK involvement in drug 
                trafficking, even when a given incident appears only to 
                involve ethnic Chinese or other organized Asian 
                criminal groups.

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

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, September 14, 2005.

[FR Doc. 05-19548
Filed 9-27-05; 9:25 am]
Billing code 4710-10-P