[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Presidential Documents]
[Pages 57063-57066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24110]



[[Page 57061]]

Vol. 80

Monday,

No. 182

September 21, 2015

Part III





The President





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Presidential Determination No. 2015-12 of September 14, 2015--
Presidential Determination on Major Drug Transit or Major Illicit Drug 
Producing Countries for Fiscal Year 2016



Proclamation 9323--Constitution Day and Citizenship Day, Constitution 
Week, 2015
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                         Presidential Documents 
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  Federal Register / Vol. 80 , No. 182 / Monday, September 21, 2015 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 57063]]

                Presidential Determination No. 2015-12 of September 14, 
                2015

                
Presidential Determination on Major Drug Transit 
                or Major Illicit Drug Producing Countries for Fiscal 
                Year 2016

                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)(l) 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.

                This determination also highlights the importance of 
                international cooperation and certain countries of 
                particular concern to the United States relevant to our 
                drug-control policies and programs.

                The International Framework for Narcotics and Crime 
                Control

                The United States remains a leader in galvanizing 
                international efforts to cooperate in addressing the 
                full range of negative consequences tied to the drug 
                trade and its links to criminal enterprise. The global 
                framework for this cooperation is articulated in the 
                three U.N. drug-control conventions as well as the U.N. 
                conventions against transnational organized crime and 
                corruption. The United States defines its priorities in 
                this field in the annual National Drug Control 
                Strategy, the 2011 U.S. Strategy to Combat 
                Transnational Organized Crime, and other Federal public 
                policy guidelines.

                The United States shares the view of the international 
                community that the U.N. drug-control conventions are 
                resilient enough to unify countries that often hold 
                divergent views about 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-control conventions allow sovereign nations the 
                flexibility to develop and adapt the most appropriate 
                policies and programs in keeping with their own 
                national circumstances, while also

[[Page 57064]]

                achieving the conventions' aims. These aims include 
                ensuring the availability of controlled substances for 
                medical and scientific purposes, preventing drug abuse 
                and addiction, and suppressing drug trafficking and 
                related criminal activities.

                In April 2016, member states, the scientific community, 
                and civil society will assemble in New York City for 
                the U.N. General Assembly Special Session on drugs 
                (UNGASS) to assess the successes and shortcomings of 
                drug policy and to identify ways to meet new challenges 
                in the future. The UNGASS is an opportunity to improve 
                and develop international drug- control policies, in 
                particular with regard to (1) increasing international 
                efforts to address the world drug problem from a public 
                health perspective; (2) sharing best practices in 
                criminal justice reform; and (3) strengthening 
                international law enforcement cooperation.

                The world drug problem is complex and dynamic. This 
                determination focuses selectively on those countries in 
                Asia and the Americas that have been designated as 
                major drug producing or transit countries that 
                significantly impact the United States. The global 
                challenges also include sophisticated crime networks 
                that traffic narcotics along coastal regions of Africa, 
                across the steppes of Central Asia, and into developed 
                markets of Europe, East Asia, and Oceania.

                Illegal poppy cultivation in Afghanistan is among the 
                most difficult international drug-control problems. For 
                15 of the last 16 years, Afghanistan has been the 
                world's largest producer of opium poppy. The United 
                States Government estimated that in 2014 Afghanistan 
                cultivated 211,000 hectares of opium poppy and produced 
                6,300 metric tons of opium (up 7 percent and 15 percent 
                over 2013 levels, respectively).

                A number of U.S. programs, in collaboration with 
                multinational partners, have had positive results in 
                developing economically viable alternatives for Afghan 
                farmers. Successful programs include the U.S.-funded 
                Good Performers Initiative that rewards provinces 
                demonstrating verifiable counternarcotics achievements 
                against defined standards with development assistance 
                for alternative livelihood projects. The program 
                promotes holistic and integrated action on 
                counternarcotics and encourages farmers to forgo poppy 
                cultivation by strengthening and diversifying 
                alternatives to illegal poppy cultivation. United 
                States funds also support the development of the 
                specialized drug interdiction units of the Afghan 
                Counternarcotics Police. In 2014, the Afghan police 
                seized 23 metric tons of opium poppy. At the December 
                2014 London Conference on Afghanistan, the Kabul 
                government pledged to intensify its drug-control 
                efforts. United States and international experts agree 
                that political resolve is integral in efforts to combat 
                the production and trade of Afghan-sourced opiates. 
                President Ghani has expressed a clear commitment to 
                address Afghanistan's narcotics crisis comprehensively. 
                Most recently, the Afghan Ministry of Counternarcotics 
                shared with United States Government officials its 
                draft National Drug Action Plan, which covers the full 
                spectrum of government efforts for interdiction, 
                eradication, treatment, education, and alternative 
                development.

                The Colombo Plan for Cooperative Economic and Social 
                Development in Asia and the Pacific is an organization 
                of 21 countries dedicated to providing technical 
                assistance on drug-control issues to Afghanistan and 
                the region. The Colombo Plan has taken the lead in 
                strengthening Afghanistan's drug treatment services, 
                especially for vulnerable populations such as women, 
                children, and the homeless.

                The Golden Triangle, which includes Burma and Laos, is 
                also central to the Colombo Plan's regional focus. 
                Burma and Laos are the second and third largest illegal 
                opium poppy cultivation countries, respectively. As in 
                Afghanistan, countering illegal drug cultivation in 
                Burma and Laos will require strengthening of state 
                institutions and sustainable economic development.

[[Page 57065]]

                The international community is also taking steps to 
                focus attention on illegal drug activity in China, 
                especially precursor chemicals produced in China that 
                are diverted from legitimate commerce to criminal 
                elements for the production of illicit plant-based and 
                synthetic drugs.

                Mexico, the Caribbean, and Central America

                Through the Merida Initiative, the United States and 
                Mexico have engaged in an unprecedented partnership to 
                break the power and impunity of transnational criminal 
                organizations; strengthen border, air, and maritime 
                controls; expand the capabilities and professionalism 
                of Mexican law enforcement at the federal, state, and 
                local levels; and improve the capacity of justice 
                systems to investigate and prosecute cases. The two 
                countries also collaborate to further respect for human 
                rights and the rule of law, increase citizen security, 
                and reduce the demand for drugs. The Merida Initiative 
                is guided by four goals: (1) disrupt the capacity of 
                organized crime to operate; (2) institutionalize the 
                capacity to sustain the rule of law; (3) create a 21st 
                century border; and (4) build strong and resilient 
                communities. Each of these goals has a positive impact 
                on our countries' ability to combat narcotics 
                trafficking. For example, the United States has 
                provided scanners, x-ray machines, other non-intrusive 
                inspection equipment, as well as trained canines, to 
                enhance Mexican authorities' ability to detect illicit 
                goods at key checkpoints and ports of entry along the 
                border, resulting in significant seizures of illicit 
                drugs, currency, weapons, and explosives. The Mexican 
                government has also undertaken innovative efforts to 
                implement alternatives to incarceration for non-
                violent, low-level, drug-use offenders by instituting 
                drug treatment courts in many Mexican states.

                The seven Central American and four Caribbean nations 
                are included in this year's determination as major drug 
                transit countries that impact illegal drug activities 
                and consumption in the United States. According to 
                seizure data of cocaine destined for U.S. markets, an 
                estimated 86 percent transited through the Central 
                American corridor and the remaining 14 percent traveled 
                via the Caribbean in 2014.

                In recent years, Haiti has demonstrated serious 
                political will as a regional partner to counter 
                transnational criminal activity. In 2014, for example, 
                with U.S. technical assistance and financial support, 
                Haiti took meaningful steps to enhance the capabilities 
                of its Police Brigade in the Fight against Narcotics 
                Trafficking (BLTS). United States assistance continues 
                to help improve Haiti's ability to address the drug 
                problem, in particular by strengthening the operational 
                capacity of its national law enforcement; providing 
                infrastructure and equipment enhancements; and, 
                facilitating training opportunities. Institution 
                building is also being carried out to strengthen 
                Haiti's maritime interdiction capabilities, which is a 
                fundamental tool given the large percentage of drugs 
                smuggled via its surrounding waterways. Working with 
                the U.S. Coast Guard and the Drug Enforcement 
                Administration, two operations in Haiti resulted in the 
                seizure of almost a metric ton of cocaine and nearly 
                five metric tons of marijuana. In 2014, Haiti also 
                signed a law formally criminalizing public corruption, 
                establishing standard penalties for corrupt practices 
                by Haiti's officials.

                South America

                Within South America, Colombia and Peru demonstrate 
                highly effective leadership in countering illegal drug 
                trafficking and transnational crime. While Peru remains 
                the top cocaine producer in the world, the Peruvian 
                government has a comprehensive 5-year counternarcotics 
                strategy to aggressively eradicate illicit coca, 
                implement alternative development programs, interdict 
                illicit narcotics, and reduce domestic drug abuse. With 
                support from the United States, Peru exceeded its 
                historic 2014 goal to eradicate 30,000 hectares of 
                illicit coca, eradicating a total of 31,205 hectares. 
                Peru has achieved success establishing state 
                institutions and building infrastructure in coca-
                producing regions, and developing alternative 
                livelihoods for farmers previously dependent on illicit 
                cultivation. Peru has also achieved historic results in 
                seizures of cocaine, netting nearly 30 metric tons in

[[Page 57066]]

                2014. In total, 300 metric tons of cocaine was removed 
                from global supply through Peruvian interdiction and 
                eradication.

                Colombia also continues to be a strong partner on 
                counternarcotics. Annually, Colombian authorities seize 
                well over 100 metric tons of cocaine. Due to sustained 
                coca eradication efforts and drug enforcement activity, 
                coca cultivation dropped 52 percent between 2007 and 
                2013, and cocaine production potential declined by 58 
                percent for the same time period. The government made 
                substantial gains in establishing a state presence in 
                remote areas, developing alternatives for coca 
                producers, and improving the capacity of its law 
                enforcement and judicial institutions. Calendar year 
                2014, however, saw a reversal in illegal crop 
                cultivation, due primarily to increased cultivation in 
                areas off limits to aerial eradication. Colombia is 
                also exporting its hard-won security expertise to third 
                countries. From 2009 to 2014, the Colombian National 
                Police reported training nearly 26,500 international 
                police personnel from over 61 countries from Latin 
                America, Africa, and Europe.

                The Way Forward

                The United States will continue to expand and enhance 
                collaborative counternarcotics and anti-crime 
                partnerships to advance common goals and increase 
                citizen security. The United States will also continue 
                to support like-minded nations through evidence-based 
                technical assistance to modernize law enforcement, 
                reform justice systems, support training, and develop 
                drug demand reduction and treatment programs. Such 
                global undertakings aim to build sustainable national 
                capacity and permanent international partnerships to 
                counter the threat to international security posed by 
                the world drug trade and other illegal activities 
                associated with transnational organized crime.

                You are hereby authorized and directed to submit this 
                report, 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 14, 2015

[FR Doc. 2015-24110
Filed 9-18-15; 11:15 am]
Billing code 4710-10-P