[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Presidential Documents]
[Pages 56625-56629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22675]


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  Federal Register / Vol. 79 , No. 183 / Monday, September 22, 2014 / 
Presidential Documents  

[[Page 56625]]


                Presidential Determination No. 2014-15 of September 15, 
                2014

                
Presidential Determination on Major Drug Transit 
                or Major Illicit Drug Producing Countries for Fiscal 
                Year 2015

                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 and/or major illicit drug 
                producing countries: Afghanistan, The Bahamas, Belize, 
                Bolivia, Burma, Colombia, Costa Rica, Dominican 
                Republic, Ecuador, El Salvador, Guatemala, Haiti, 
                Honduras, India, Jamaica, Laos, Mexico, Nicaragua, 
                Pakistan, Panama, Peru, and Venezuela.

                A country's presence on the foregoing list is not a 
                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), the reason 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, even if a government has 
                carried out the most assiduous narcotics control law 
                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. 
                Included in this report are justifications for the 
                determinations on Bolivia, Burma, and Venezuela, as 
                required by section 706(2)(B) of the FRAA. Explanations 
                for these decisions are published with this 
                determination.

                I have also determined, in accordance with provisions 
                of section 706(3)(A) of the FRAA, that support for 
                programs to aid Burma and Venezuela are vital to the 
                national interests of the United States.

                International Framework for Narcotics and Crime Control

                This determination highlights significant U.S. domestic 
                drug control issues and foreign assistance approaches 
                to drug control. It also examines policies and programs 
                shared by most countries to counter the destabilizing 
                effects of illegal drugs and transnational organized 
                crime. The combined aim of these undertakings is to 
                foster sustainable citizen security to advance social 
                welfare, safety, and economic prosperity of vulnerable 
                communities around the world.

                International cooperation remains the cornerstone for 
                reducing the threat posed by the illegal narcotics 
                trade and related crimes carried out by criminal 
                organizations. The sophisticated and effective 
                operations of organizations challenge law enforcement 
                officials and policymakers everywhere. The essential 
                underpinnings of our unified stance against criminal 
                enterprise are embodied in longstanding international 
                agreements, including the 1961, 1971, and 1988 U.N. 
                Conventions; the U.N. Convention against Transnational 
                Organized Crime; and the U.N. Convention against 
                Corruption. A myriad of regional and sub-regional joint 
                undertakings, such as the 2010 Drug Strategy for the 
                Hemisphere, adopted by the 34 members of the 
                Organization of American States, mirror the wide-
                ranging standards of the U.N. conventions.

[[Page 56626]]

                The frameworks established by the U.N. conventions are 
                as applicable to the contemporary world as when they 
                were negotiated and signed by the vast majority of U.N. 
                member states.

                The United States shares the view of most countries 
                that the U.N. drug conventions--without negotiation or 
                amendment--are resilient enough to unify countries that 
                often hold divergent views of the causes of the 
                international narcotics problem, while at the same time 
                providing a framework upon which to build the best 
                solutions to it. The U.N. drug conventions, which 
                recognize that the suppression of international drug 
                trafficking demands urgent attention and the highest 
                priority, allow sovereign nations the flexibility to 
                develop and adapt new policies and programs in keeping 
                with their own national circumstances while retaining 
                their focus on achieving the conventions' aim of 
                ensuring the availability of controlled substances for 
                medical and scientific purposes, preventing abuse and 
                addiction, and suppressing drug trafficking and related 
                criminal activities. The United States supports the 
                view of most countries that revising the U.N. drug 
                conventions is not a prerequisite to advancing the 
                common and shared responsibility of international 
                cooperation designed to enhance the positive goals we 
                have set to counter illegal drugs and crime.

                The Challenge of Opium Poppy Production and Heroin

                The 2014 U.N. World Drug Report states that illegal 
                poppy cultivation and production of heroin and opium 
                and other derivatives are at the top of the list of 
                global drug problems.

                According to the Office of National Drug Control 
                Policy, the latest United States Government estimates 
                show for the third consecutive year, in Afghanistan, 
                which has the world's largest opium poppy cultivation, 
                cultivation increased from 180,000 hectares in 2012 to 
                198,000 hectares in 2013. The opium poppy trade in 
                Afghanistan threatens domestic institutions, subverts 
                the legal economy, and undermines good governance and 
                the capacity of the Afghan people. Although less 
                pronounced, opium poppy cultivation also increased 
                considerably in Burma and Laos; this situation presents 
                similar threats in these countries as those faced by 
                Afghanistan.

                In spite of Afghanistan's crop reduction setbacks, 
                which include a reduction in eradication from 9,672 
                hectares in 2012 to 7,348 hectares in 2013, U.S. 
                assistance has advanced the country's counternarcotics 
                capacity in some areas. In particular, there have been 
                positive developments in Afghan programs such as 
                interdiction, prosecutions, treatment services, and 
                alternative livelihoods for farmers. All of this has 
                happened in the context of a difficult security 
                situation and entrenched corruption. Still, opium poppy 
                is grown in less than 3 percent of farmable land; 
                nearly 10 times more is devoted to wheat production.

                United States support for Afghanistan after 2014 will 
                focus on maintaining established infrastructure and 
                improving security. The United States is also working 
                to secure more bilateral and multilateral assistance 
                from the international community beyond programs that 
                are already in place. This includes support from 
                Canadian and European partners. At the same time, it is 
                in the best interest of countries in the region with 
                high levels of opium-product abuse to support 
                Afghanistan's counternarcotics efforts. This includes 
                Afghanistan's immediate neighbors, Iran, Pakistan, and 
                Russia, as well as other nations such as India and 
                China. There is also an increase in transshipments of 
                Afghanistan heroin going to Canada, a development of 
                concern that is being addressed by Canada with support 
                from the United States.

                In the past several years, U.S. officials have noted an 
                alarming surge in the use of heroin and are taking many 
                steps to confront this growing domestic problem. Survey 
                results released in 2012 reported that nearly 700,000 
                American citizens used heroin, as compared to 373,000 
                in 2007. In the United States, between 2006 and 2010, 
                heroin deaths increased by 45 percent. Today, experts 
                understand that people from various walks of life are 
                abusing opium products. Significant increases have been 
                noted in major U.S. cities,

[[Page 56627]]

                including Atlanta, Denver, Chicago, San Diego, and 
                Seattle. In the United States, between 2006 and 2011, 
                heroin-involved deaths increased by 110 percent.

                The United States is particularly concerned about poppy 
                cultivation in Mexico, the primary supplier of illegal 
                opium derivatives to the United States. According to 
                the Heroin Signature Program carried out by the U.S. 
                Drug Enforcement Administration (DEA), opium poppy 
                products also arrive in the United States from Colombia 
                and Guatemala, although to a lesser extent from these 
                countries than from Mexico. DEA reported a 324 percent 
                increase in heroin seizures at the Mexican border 
                between 2009 and 2013.

                The United States is increasing its heroin drug 
                interdiction efforts as one element of a set of 
                measures for confronting the growing problem. Since 
                2011, more than 4,500 heroin related investigations 
                were opened in the country. Overseas, $110 million in 
                U.S. funds have been provided to Mexican border 
                agencies for inspection equipment and training. 
                Concrete success resulting from this support includes 
                seizure of illegal drugs and currency by Mexican 
                authorities valued at nearly $4 million. Similarly, 
                U.S. foreign assistance helped Colombia seize 379 
                kilograms of heroin in 2013, and Guatemala eradicated a 
                considerable amount of poppy cultivation in the same 
                year. Working with concerned counterparts, the United 
                States will adjust policy approaches and build upon 
                existing programs, including the Mexico Merida 
                Initiative, to counter criminal elements that are 
                creating heroin markets in the United States and 
                reaping growing illegal profits.

                Cocaine Production and Use

                The 2014 U.N. World Drug Report reaffirms that 
                Colombia, Bolivia, and Peru continue to cultivate 
                virtually the world's entire supply of coca for cocaine 
                and related products. The good news is that illegal 
                coca crop production, now approximately 133,700 
                hectares in the three countries, is at the lowest level 
                since authorities began to establish estimates in 1990. 
                Moreover, global seizures have slightly increased, 
                according to the U.N. Office on Drugs and Crime 
                (UNODC).

                The United States is the world's largest consumer of 
                illegal cocaine, followed by Brazil and certain 
                countries in Europe. Although the DEA reports that 
                cocaine availability declined steadily in the United 
                States from 2007 to 2012, the number of cocaine users 
                has remained steady in recent years, according to U.S. 
                surveys.

                United States law enforcement agencies estimate that 
                about 84 percent of the cocaine entering the United 
                States passes through Central America and Mexico to 
                reach destinations in the United States. Based on a 
                decline in maritime interdiction assets and diminished 
                intelligence, there has been a reduction in the 
                awareness of cocaine transshipments. While recent 
                assessments indicate an increase in cocaine flow in the 
                maritime transit zone, there are conflicting indicators 
                on total cocaine flow and continued success in 
                combating drug trafficking organizations will require 
                closing awareness gaps.

                Various types of U.S. assistance, including numerous 
                programs aimed at supporting national efforts to 
                interdict drugs and target major traffickers, are 
                carried out through the Central American Regional 
                Security Initiative. Similar programs are supported by 
                the United States through the Caribbean Basin Security 
                Initiative. These programs support national efforts to 
                increase law enforcement capability to confront 
                organized crime and gangs, build judicial sector 
                capacity, and advance economic and social programs for 
                at-risk youth and communities disproportionately 
                affected by illegal drugs and crime.

                New Psychoactive Substances (NPS)

                Confronting illegal production and consumption of 
                methamphetamine in the United States, with much of the 
                product originating in Mexico, has been compounded by 
                the growing problem of NPS--also described as synthetic 
                designer drugs. This is a dynamic industry that uses 
                chemicals and

[[Page 56628]]

                other substances that are frequently not controlled. 
                According to the 2014 U.N. World Drug Report, the 
                number of NPS more than doubled over the period 2009-
                2013. The number of such substances reported to UNODC, 
                almost 500, far exceeds the psychoactive substances 
                already controlled by the U.N. conventions.

                In the United States, the DEA secured emergency 
                scheduling of certain substances and statutory changes 
                (The Synthetic Drugs Abuse Prevention Act of 2012), 
                banning many of these substances, but U.S. law 
                enforcement agencies report that substance variations 
                to make NPS are continually appearing, posing a serious 
                threat to public health and unprecedented challenges to 
                drug awareness and treatment programs.

                In 2013, the European Commission announced it would 
                strengthen the European Union's ability to respond to 
                NPS by withdrawing products used to make them from the 
                market. This action followed a report by the European 
                Monitoring Center for Drugs and Drug Addiction stating 
                that the scale of NPS use is growing dramatically on 
                the continent. In its most recent reports, UNODC 
                highlights the NPS problem in particular. In one 
                significant initiative, UNODC is working to create a 
                network to exchange information on NPS use and related 
                trends. With U.S. assistance, another UNODC program 
                seeks to identify the connections between pre-cursor 
                chemicals and NPS. Much of this action has been 
                proposed in resolutions by the Commission on Narcotic 
                Drugs to promote international cooperation in 
                responding to the challenged posed by NPS.

                Drug Awareness and Demand Reduction

                The international community recognizes that drug use is 
                as much a public health problem as it is a public 
                safety issue. The U.S. National Drug Control Strategy 
                stresses that prevention and treatment must be adapted 
                to the latest scientific knowledge and social services 
                to help individuals overcome their addictions. This 
                approach has been adopted in other countries following 
                the call to member states by the International 
                Narcotics Control Board to integrate abuse prevention 
                into public health, health promotion, and child and 
                youth prevention programs. More than 2,600 specialty 
                courts in the United States have connected over 120,000 
                people convicted of drug-related offenses with the 
                community services they need to avoid future drug use. 
                Similar initiatives around the world, many supported by 
                the United States, provide a variety of alternatives to 
                incarceration programs for nonviolent offenders. These 
                programs are integral to scientifically based drug 
                control policies.

                Looking to the Future

                Historically, U.S. foreign assistance programs have 
                focused primarily on fighting drug production and have 
                supported related law enforcement programs. This 
                approach is still integral to U.S. policy, but efforts 
                today take an increasingly holistic approach. Beginning 
                with the current decade, efforts aimed at preventative 
                measures in U.S. assistance programs are designed to 
                enhance overall citizen security by challenging both 
                transnational and local security threats. These efforts 
                involve U.S. partnerships including the public and 
                private sectors to achieve our common security goals 
                and create safe communities. This is carried out 
                through law enforcement training, judicial and human 
                rights training, and alternative development, 
                emphasizing that such efforts must be designed to 
                create and maintain safe environments.

                In many nations, especially in Central and South 
                America, countries are actively seeking to strengthen 
                their inter- and intra-regional cooperation and 
                exchange of information about best practices for 
                counternarcotics and crime control law enforcement 
                activities relative to broad citizen security. Taken as 
                a whole, they are intended to promote respect for the 
                rule of law and human rights and to empower citizens to 
                foster law-abiding communities consistent with long-
                term sustainability.

[[Page 56629]]

                You are hereby authorized and directed to submit this 
                determination, with the enclosed memoranda of 
                justification regarding Bolivia, Burma, and Venezuela, 
                under section 706 of the FRAA, to the Congress, and 
                publish it in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, September 15, 2014

[FR Doc. 2014-22675
Filed 9-19-14; 11:15 am]
Billing code 4710-10