[Weekly Compilation of Presidential Documents Volume 44, Number 37 (Monday, September 22, 2008)]
[Pages 1214-1217]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Major Drug Transit or Major Illicit Drug Producing 
Countries for Fiscal Year 2009

September 15, 2008

 Presidential Determination No. 2008-28

Memorandum for the Secretary of State

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

    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

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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.
    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

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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.
    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

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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.
    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.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on September 16. This memorandum will be published in the Federal 
Register on September 24.