U.S. DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT, MARCH 1996

United States Department of State

Bureau for International Narcotics and Law Enforcement Affairs

LEGISLATIVE BASIS FOR THE INCSR

The 1996 INCSR is the tenth annual report prepared pursuant to the FAA. In addition to addressing the reporting requirements of FAA §489, the INCSR provides the factual basis for the Presidential narcotics certification determinations for major drug producing and/or drug- transit countries required under FAA §490. FAA §490 requires that fifty percent of certain kinds of assistance be withheld at the start of each fiscal year from such countries, pending the President's March 1 certification determinations. If a country is not certified, most foreign assistance is cut off and the United States is required to vote against multilateral development bank lending to that country.

Among other things, the statute asks, with respect to each country that received INM assistance in the past two fiscal years, for a report on the extent to which the country has "met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances." FAA §489(a)(1)(A). Similarly, the President's certification determination depends in part on whether a country, during the previous year, has cooperated fully with the United States, or has taken adequate steps on its own, to achieve full compliance with the goals and objectives established by the 1988 UN Convention. FAA §490(b)(1)(A).

Although the Convention does not contain a list of goals and objectives, it does set forth a number of obligations that the parties agree to undertake. Generally speaking, it requires the parties to take legal measures to outlaw and punish all forms of illicit drug production, trafficking, and drug money laundering, to control chemicals that can be used to process illicit drugs, and to cooperate in international efforts to these ends. The statute lists action by foreign countries on the following issues as relevant to this evaluating performance under the 1988 UN Convention: illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction.

In attempting to evaluate whether countries are meeting the goals and objectives of the 1988 UN Convention, the Department has used the best information it has available. The 1996 INCSR covers countries that range from major drug producing and drug-transit countries, where drug control is a critical element of national policy, to mini-states, where drug issues and/or the capacity to deal with them are minimal. The reports vary in the extent of their coverage. For key drug-control countries, where considerable information is available, we have provided comprehensive reports. For some smaller countries where only sketchy information is available, we have included whatever data the responsible post could provide.

The country chapters report upon actions, including plans, programs, and, where applicable, timetables toward fulfillment of Convention obligations. Because the 1988 UN Convention's subject matter is so broad, and availability of information on elements related to performance under the Convention varies widely within and between countries, the Department's views on the extent to which a given country is meeting the goals and objectives of the Convention are based on the overall response of the country to those goals and objectives.

Some countries are not yet parties to the 1988 UN Convention. For such countries, we have nonetheless considered actions taken by those countries in areas covered by the Convention, and plans (if any) for becoming parties and for bringing their legislation into conformity with the Convention's requirements. For some of the very smallest countries, the Department has insufficient information to make a judgment as to whether the goals and objectives of the Convention are being met. In those instances, available information on counternarcotics activities has been provided.

Except as noted in the relevant country chapters, INL considers all countries with which the USG has bilateral narcotics agreements to be meeting the goals and objectives of those agreements.

As in the past, this year's INCSR provides the factual basis for the President's 1996 certification determinations made pursuant to FAA §490(b). It contains information in accordance with §489 of the FAA and §804 of the Trade Act of 1974, as amended.

Statement on Certification

• met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
• accomplished the goals described in an applicable bilateral narcotics agreement with the United States, or a multilateral agreement; and
• taken legal and law enforcement measures to prevent and punish public corruption--especially by senior government officials--that facilitates the production, processing , or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution or such acts.

Major Drug Producing, Drug Transit, Significant Source, Precursor Chemical, and Money Laundering Countries.

Major Drug Producing and Drug-Transit Countries:

A major illicit drug-transit country is one: (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or (B) through which are transported such drugs or substances. FAA §481(e)(5).

The following are major drug producing and/or drug-transit countries Afghanistan, The Bahamas, Belize, Bolivia, Brazil, Burma, Cambodia, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, Hong Kong, India, Iran, Jamaica, Laos, Lebanon, Malaysia, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Syria, Taiwan, Thailand, Venezuela, and Vietnam.

Major Precursor Chemical Source Countries:

Major Money Laundering Countries: