[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Presidential Documents]
[Pages 64749-64753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22823]



[[Page 64747]]

Vol. 81

Tuesday,

No. 182

September 20, 2016

Part VII





The President





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Presidential Determination No. 2016-10 of September 12, 2016--
Presidential Determination on Major Drug Transit or Major Illicit Drug 
Producing Countries for Fiscal Year 2017
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  Federal Register / Vol. 81 , No. 182 / Tuesday, September 20, 2016 / 
Presidential Documents  

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 Title 3--
 The President

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                Presidential Determination No. 2016-10 of September 12, 
                2016

                
Presidential Determination on Major Drug Transit 
                or Major Illicit Drug Producing Countries for Fiscal 
                Year 2017

                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 Major Drug 
                Transit and Major Illicit Drug Producing Countries 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). 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 is vital to the 
                national interests of the United States.

                In addition to emphasizing the importance of 
                international cooperation, this determination 
                highlights a number of recent developments concerning 
                various aspects associated with the worldwide drug 
                problem.

                Growing Consensus on International Narcotics

                There is a growing international consensus that 
                counternarcotics programs must be designed and 
                implemented with the aim of improving the health and 
                safety of individuals while preventing and reducing 
                violence and other harmful consequences to communities.

                In concert with international partners, the United 
                States is expanding its domestic and international 
                funding for drug treatment and recovery support 
                programs based on empirical scientific evidence that 
                shows that substance use disorders are medical 
                conditions and must be treated as such. To achieve 
                greater balance, U.S. drug policy also includes 
                stepped-up promotion of effective alternative 
                development programs for farmers and others who agree 
                to stop illegal drug cultivation and associated 
                activities. Such efforts also focus on advancing the 
                rule of law through improving and strengthening civil 
                and law enforcement institutions. United States polices 
                support overall

[[Page 64750]]

                citizen security, including deepening worldwide 
                adherence to fundamental human rights guaranteed by 
                international law.

                This consensus was demonstrated at the United Nations 
                General Assembly Special Session on the World Drug 
                Problem (UNGASS) held on April 19-21, 2016, in New 
                York. The meeting served as the first high-level, 
                global gathering on counternarcotics in a generation, 
                and its resulting outcome document forged international 
                consensus behind a balanced and pragmatic approach to 
                drug control. A central theme of UNGASS was to further 
                develop and implement strategies based on the UN 
                Commission on Narcotic Drugs (CND) 2009 Political 
                Declaration and Action Plan aimed at reducing drug 
                production, trafficking, and use from the standpoint of 
                effective public health practices. UNGASS participants, 
                including the United States, also highlighted the 
                importance of substantive advancement of the UN's 2030 
                Agenda for Sustainable Development, which for the first 
                time in history incorporates rule of law objectives 
                into global development policy.

                UNGASS further underscored the broad consensus among 
                United Nations member states with regard to many major 
                drug control themes. At the special session, member 
                states demonstrated their common cause to reinforce 
                efforts to counter drug cultivation, production, 
                distribution, and use through pragmatic approaches that 
                balance both law enforcement and public health 
                perspectives. As stated by the UN International 
                Narcotics Control Board (INCB), we have a ``common 
                obligation to employ effective drug abuse prevention, 
                treatment, and rehabilitation of our citizens.'' 
                Participants also reaffirmed their ongoing commitment 
                to the 1961, 1971, and 1988 UN conventions on drugs as 
                the essential backdrop for worldwide drug control 
                efforts. These conventions leave sufficient room for 
                individual states to pursue drug policies that are in 
                accord with their own laws and national realities.

                The foreign policy approaches to drug control of the 
                United States are explained in detail in the U.S. 
                National Drug Control Strategy, and our policies and 
                programs are designed to help reach the goals 
                established at UNGASS and work effectively with 
                partners around the world. They include, for example, 
                on going bilateral cooperation and collaborative work 
                through numerous regional and sub-regional multilateral 
                organizations such as the Organization of American 
                States; the European Union; regional affiliates of the 
                global Financial Action Task Force; the Economic 
                Community of West African States; the Association of 
                Southeast Asian Nations; and many others. The United 
                States also joins other nations in supporting the 
                important, positive contributions of many 
                nongovernmental organizations in the academic and 
                private sectors that work on improving counternarcotics 
                policies and programs.

                Growing Challenges of Heroin Use, Adulterants, and 
                Opium Poppy Cultivation

                According to the UN Office on Drugs and Crime (UNODC), 
                the use of heroin and other opium poppy derivatives is 
                the greatest worldwide drug problem today. Heroin is 
                also the greatest drug threat in the United States, 
                according to the 2015 U.S. National Drug Threat 
                Assessment published by the U.S. Drug Enforcement 
                Administration. Especially dangerous is the increasing 
                adulteration of heroin with synthetic opioids, such as 
                fentanyl, leading to an increase in the number of 
                deaths as the result of drug overdoses. In 2014, the 
                Centers for Disease Control reported that approximately 
                10,500 Americans died from heroin-related overdoses; 
                the true number likely is higher given inconsistent 
                testing across the States.

                Opium poppy cultivation is expanding beyond 
                Afghanistan, Burma, and Laos the traditional primary 
                producing countries in the world. While Afghanistan is 
                still the major supplier of opium derivatives to Europe 
                and Canada, nearly all opium derivatives found in the 
                United States are primarily grown in or trafficked 
                through Mexico or by Mexican-based drug trafficking 
                organizations. In Mexico, for example, international 
                officials estimate that the number of hectares of 
                heroin poppy under cultivation increased from 11,000

[[Page 64751]]

                hectares in 2013 to as much as 28,000 hectares in 2015. 
                Limited poppy cultivation also has been detected in 
                Colombia and Guatemala.

                According to UNODC, 201,000 hectares of opium poppy 
                were cultivated in Afghanistan in 2015, a 5 percent 
                decline from 2014. Comparative data shows, however, 
                that while cultivation and yields declined relative to 
                previous years, cultivation is still at historically 
                high levels.

                The 2016 U.S. International Narcotics Control Strategy 
                indicates that insurgent groups in Afghanistan generate 
                significant revenue by taxing drugs passing through 
                regions they control. Afghan government drug control 
                efforts are hampered by broad security challenges 
                associated with intensive, long-term conflict and 
                combat. The U.S. Government continues to support a 
                broad range of multilateral and bilateral drug control 
                programs in Afghanistan.

                Although many treatment and recovery facilities 
                established in Afghanistan show great promise, the 2015 
                Afghanistan National Drug Use Survey conducted by the 
                Department of State and the Afghan Ministry of Health 
                Institutional Review Board found an 11 percent drug 
                positive rate in Afghanistan. Use of heroin and other 
                opium poppy products, according to international 
                analysis, is also significant in Iran, Kazakhstan, 
                Kyrgyzstan, and Uzbekistan. The INCB is also concerned 
                about the increasing use of Afghan sourced heroin 
                throughout the Middle East.

                Heroin in the United States is being increasingly 
                adulterated with low-cost synthetic opioids, especially 
                fentanyl. Research has shown that fentanyl and its 
                analogues can be 25 to 50 times more potent than 
                heroin. According to U.S. law enforcement, most illicit 
                fentanyl, precursors, and fentanyl analogues that have 
                been identified in the United States originate in China 
                and enter the country via Mexico, Canada, or direct 
                mail. The United States has taken a number of steps to 
                address this issue. The United States is working with 
                Mexico and Canada to develop bilateral and multilateral 
                approaches to combating opioid production and 
                trafficking, particularly heroin and fentanyl. Law 
                enforcement cooperation with Mexico includes programs 
                to strengthen Mexico's capacity to identify, 
                investigate, interdict and dismantle clandestine drug 
                laboratories and disrupt trafficking networks. The 
                United States conducts regular and positive discussions 
                with China to enhance controls on many chemicals used 
                to make fentanyl and other synthetic drugs. In a 
                welcome development in late 2015, China placed controls 
                on 116 substances including a dangerous analogue to 
                fentanyl, acetyl fentanyl. Much work remains to be done 
                in this area, and developing compatible, consistent, 
                enforceable international standards is crucial to 
                successfully controlling this growing drug threat.

                Cocaine and Coca Cultivation

                Although international and U.S. surveys indicate 
                overall production of coca leaf for cocaine has 
                remained stable from a decade ago, Colombia has seen a 
                42 percent increase in illegal coca crop cultivation 
                from 2014 to 2015. Colombia remains the major provider 
                of cocaine available in the United States, though data 
                shows that cocaine use is declining in the United 
                States and in Europe. Nevertheless, U.S. rates of 
                overdose involving cocaine were up in 2014.

                Increased Colombian coca cultivation can be attributed 
                to a number of factors, including Colombia's decision 
                to end the aerial coca eradication program in October 
                2015 throughout the country. Even prior to the end of 
                spray eradication, coca growers began to implement 
                ``counter'' eradication techniques, such as by 
                migrating their plantings to areas where spray was not 
                permitted by law or policy. Illegal coca cultivators 
                also began to cultivate smaller, better concealed 
                fields to avoid detection by law enforcement. Colombia 
                has reformulated its counternarcotics strategy to 
                prioritize robust law enforcement activity against 
                criminal drug trafficking organizations, including 
                enhanced interdiction, over that of crop eradication. 
                In 2015, the country seized 295 metric tons of cocaine 
                along with other illegal drugs.

[[Page 64752]]

                To reach the United States, cocaine is primarily 
                trafficked by land, air, and sea via Central America, 
                Mexico, and the Caribbean. Over the past decade, 
                roughly 97 percent of U.S. bound cocaine is smuggled 
                out of South America on noncommercial maritime 
                conveyances. Smaller amounts are smuggled via 
                commercial maritime vessels and noncommercial aircraft. 
                Using similar conveyances, cocaine destined for Europe 
                is often routed through Brazil, Bolivia, and Venezuela, 
                as well as via West Africa.

                Numerous large shipping containers have been 
                interdicted on Atlantic routes, sometimes with a first 
                stop in Portuguese speaking countries in Africa. Using 
                these routes reduces language barriers before the drugs 
                are smuggled to their final destination. A variety of 
                U.S. assistance programs, especially those designed to 
                enhance national interdiction capabilities and target 
                kingpin traffickers, are carried out in Africa.

                United States assistance programs are designed to 
                disrupt the flow of cocaine and other harmful products 
                to the United States by building the capacity of 
                judicial, law enforcement, and treatment institutions 
                in partner countries. For example, in Central America 
                these programs are carried out through the Central 
                America Regional Security Initiative, while those in 
                the Caribbean are conducted through the Caribbean Basin 
                Security Initiative. The Merida Initiative provides the 
                framework for assistance and bilateral cooperation with 
                Mexico. Key activities of these programs include drug 
                interdiction cooperation, especially maritime-based 
                efforts in Central America and the Caribbean; law 
                enforcement capacity building; anticorruption 
                initiatives and support; and enhanced prosecution and 
                judicial reform strengthening efforts.

                Looking to the Future

                Future action by the international community to address 
                drug cultivation, production, trafficking, and use 
                should be closely tied to the important priorities 
                described in the 2016 UNGASS outcome document. These 
                include, for example, utilization of sound scientific 
                evidence for prevention and treatment programs, 
                effective law enforcement, and appropriately balanced 
                responses to drug-related crime. Areas of special 
                concern include the connections between drug use and 
                human rights, especially as they pertain to vulnerable 
                groups such as women and children. The exchange of 
                information among nations and between professionals 
                engaged in reducing drug trafficking and use, and 
                efforts to stay ahead of new and threatening 
                developments, such as synthetic substances, are central 
                to progress by communities, countries, and regions 
                around the world.

                The U.S. Government will continue to work with fellow 
                United Nations member states to galvanize the 
                international community toward implementation of the 
                principles that were agreed upon at the 2016 UNGASS. 
                General coordination among concerned United Nations 
                entities is particularly important. This includes 
                collaboration among bodies within the UN structure as a 
                whole, but particularly those that concern themselves 
                to some extent with drug control and related social 
                issues.

[[Page 64753]]

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

                THE WHITE HOUSE,

                    Washington, September 12, 2016

[FR Doc. 2016-22823
Filed 9-19-16; 11:15 am]
Billing code 4710-10-P