[Weekly Compilation of Presidential Documents Volume 41, Number 37 (Monday, September 19, 2005)]
[Pages 1403-1404]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Presidential Determination on Major Drug Transit or Major Illicit Drug 
Producing Countries for Fiscal Year 2006

September 14, 2005

 Presidential Determination No. 2005-36

Memorandum for the Secretary of State

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

    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 
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 designate 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 (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 programs 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 affect 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, impeding 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 criminal groups are increasingly

[[Page 1404]]

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.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on September 15.