[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Presidential Documents]
[Pages 54927-54930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22590]


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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 54927]]

                Presidential Determination No. 2008-28 of September 15, 
                2008

                
Major Drug Transit or Major Illicit Drug 
                Producing Countries for Fiscal Year 2009

                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, Colombia, 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 forth 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 geographic, 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 Bolivia, 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 forth in section 489(a)(1) of the FAA. 
                Attached to this report are justifications for the 
                determinations on Bolivia, 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 programs to aid Venezuela's 
                democratic institutions and continued support for 
                bilateral programs in Bolivia are vital to the national 
                interests of the United States.

                Under the leadership of President Karzai, the 
                Government of Afghanistan has made some progress in 
                combating narcotics. However, drug trafficking remains 
                a serious threat to the future of Afghanistan, 
                contributing to widespread public corruption, damaging 
                legitimate economic growth, and fueling violence and 
                insurgency.

                A successful counternarcotics strategy in Afghanistan 
                hinges on maintaining security, building public 
                capacity, attaining local support, and actively 
                pursuing our joint counternarcotics strategy.

                Poppy cultivation continues to be marked by the divide 
                between the increasingly poppy-free northern provinces 
                and the insurgency-dominated regions in the south. 
                Through political will, and by using a mixture of 
                incentives and disincentives, governors in key northern 
                provinces like Badakshan and Nangarhar have 
                significantly reduced poppy cultivation.

                Inspired by the Nangarhar model, the newly appointed 
                governor of the southern province of Helmand has taken 
                bold steps to implement the first truly serious 
                counternarcotics campaign in the province. It is clear 
                that progress in Helmand Province will not come easily. 
                Drug control efforts in this area of pronounced poppy 
                cultivation are thwarted by heavily entrenched Taliban 
                centers of power. In 2007 Helmand Province cultivated 
                more than half of Afghanistan's illegal poppy crop.

[[Page 54928]]

                Difficult security conditions greatly impede 
                counternarcotics operations, particularly in the south 
                and southwest provinces, areas in which the insurgency 
                and organized crime groups predominate and where over 
                85 percent of Afghan poppy is cultivated.

                Drug-related corruption in Afghanistan--one of the most 
                intransigent problems in the country--must be 
                confronted, particularly at provincial and district 
                government levels. Corruption and illegal drugs in 
                Afghanistan threaten to undermine all aspects of the 
                country's efforts to build a sustainable economic 
                infrastructure and functioning democracy.

                The United States enjoys close cooperation with Canada 
                across a broad range of law enforcement issues. Both of 
                our nations face a serious challenge from the 2-way 
                flow of drugs across our long border. While Canada is 
                primarily a drug consuming country, it is also a 
                significant producer of highly potent marijuana and has 
                become the primary source country for MDMA (ecstasy) 
                available in the United States. Additionally, Canada 
                serves as a transit or diversion point for precursor 
                chemicals and over-the-counter pharmaceuticals used to 
                produce illicit synthetic drugs, most notably MDMA. 
                While methamphetamine use has decreased in the United 
                States, due in large part to past efforts to reduce 
                precursor chemical diversion by Canadian authorities, 
                production of finished methamphetamine is increasing in 
                Canada and could lead to greater supplies in the United 
                States. Canada is pursuing a new National Anti-Drug 
                Strategy that focuses on proven approaches to reduce 
                drug use and deter drug trafficking. The United States 
                and Canada continue to work productively in joint law 
                enforcement operations that disrupt drug and currency 
                smuggling operations along the border.

                The growing expansion of drug trafficking in Central 
                America poses serious challenges to the region's 
                limited capability to combat both the narcotics trade 
                and organized crime. We are particularly concerned 
                about the increasing presence of drug trafficking 
                organizations in Central America that are fleeing more 
                robust counternarcotics regimes elsewhere, especially 
                in Mexico and Colombia. Often unimpeded, traffickers 
                use long Central American coastlines for illegal 
                maritime drug shipments. Even though there have been 
                noteworthy seizures, a high proportion of drugs 
                transiting Central America are not detected or seized.

                The March 2008 gun battle between drug organizations in 
                Guatemala demonstrates that criminal organizations such 
                as the Sinaloa cartel are trying to reinforce their 
                trafficking strongholds in Central America. In 2008, 
                Guatemala passed new anti-organized crime and 
                extradition laws. While such actions are encouraging, 
                Guatemala must work aggressively to implement these 
                measures, just as neighboring countries must redouble 
                their practical efforts to implement adopted reforms 
                aimed at thwarting criminal activity.

                The United States is encouraged by the commitment of 
                the Regional Integration System to a regional response, 
                such as sharing counternarcotics intelligence. Support 
                for cohesive regional institution-building and 
                practical law enforcement enhancements in Central 
                America are critical components to a successful 
                regional counternarcotics strategy. We look forward to 
                working with Guatemala and other Central American 
                nations to support counternarcotics programs and the 
                rule of law under the new Merida Initiative.

                The Government of Ecuador is committed to protecting 
                its borders and territory against drug trafficking and 
                other transnational crimes. The increased presence of 
                Ecuadorian security forces in its counternarcotics 
                efforts provided a more effective deterrent to drug 
                production and trafficking. The identification of new 
                trafficking trends and increased staffing and 
                inspection at all air, land, and sea ports are also 
                helping to hinder drug trafficking. With a system for 
                tracking vessels already in place, Ecuador is expanding 
                this capability and more effectively utilizing it as a 
                tool for working with partner nations. The country's 
                ability to identify the nationality of ships is of 
                special concern as considerable cocaine destined for 
                the United States has been detected on Ecuadorian-
                flagged vessels.

[[Page 54929]]

                The countries of West Africa have emerged as key 
                transit hubs for Andean cocaine trafficked through 
                Venezuela and Brazil and destined for European markets. 
                This trafficking is undermining many of the already 
                fragile institutions of countries in the region. 
                Narcotics traffickers have focused their illegal 
                activities in Guinea-Bissau, but have recently extended 
                their operations south to Guinea. The presence of Latin 
                American drug traffickers and the large quantities of 
                cocaine trafficked openly suggest that drug criminals 
                may exercise the prerogatives of sovereign nation-
                states in these two countries. West Africa has long 
                been a hub for illicit criminal networks. West African 
                states lack resources to sufficiently counter efforts 
                by drug trafficking organizations whose activity 
                threatens the stability of these countries and the 
                well-being of their people.

                International donors and organizations are working to 
                assist governments in their counternarcotic efforts. We 
                support these efforts to preserve and protect stability 
                and positive growth in this region.

                Nigeria, a major transit country for illicit drugs 
                destined for the United States, continues to make some 
                progress on counternarcotics and has cooperated 
                effectively with the United States on drug-related 
                money laundering cases. Since it began operations in 
                2005, the Nigerian Financial Intelligence Unit has 
                investigated numerous suspicious transaction reports 
                that have resulted in high-profile convictions recorded 
                by the Economic and Financial Crimes Commission (EFCC). 
                However, recent developments in Nigeria raise questions 
                about whether the EFCC will remain an effective 
                anticorruption agency. The United States Government has 
                had extradition requests pending in Nigeria for years 
                and is concerned that Nigeria's extradition practices 
                and procedures remain obstacles to the effectiveness of 
                this essential counternarcotics law enforcement tool. 
                We are encouraged that Nigeria's use of U.S.-donated 
                body scanners at its four major international airports 
                has resulted in the arrest of numerous drug 
                traffickers. Moreover, we fully support the National 
                Drug Law Enforcement Agency's recent cooperation in 
                regional search and seizure operations.

                The Government of India maintains a strong track record 
                of regulating, monitoring, and curbing its licit opium 
                production and distribution process. India has 
                introduced robust, high-tech methods to control 
                cultivation by licensed opium farmers. In this sense, 
                India must continue to refine its control measures to 
                guard against the continuing problem of diversion of 
                licit opium crops, grown for the production of 
                pharmaceutical products, to illegal markets. The United 
                States continues to be concerned about illicit opium 
                poppy production in certain areas of the country, such 
                as West Bengal and the state of Uttaranchal along the 
                India-China Border, previously thought to be free of 
                such cultivation. Nevertheless, during the past year 
                the country has destroyed substantial areas of illicit 
                poppy cultivation. The Indian Government must also 
                continue to investigate cases of large, illicit poppy 
                production and accordingly bring perpetrators to trial. 
                The United States, along with other foreign governments 
                and international organizations, has a good working 
                relationship with India to interdict the flow of 
                narcotics being smuggled across India's borders.

[[Page 54930]]

                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.)

                THE WHITE HOUSE,

                    Washington, September 15, 2008.

[FR Doc. E8-22590
Filed 9-23-08; 8:45 am]
Billing code 4710-10-P