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 Department of State's International Narcotics Control Strategy
Report (INCSR) has been prepared in accordance with §489 of the Foreign
Assistance Act of 1961, as amended (22 U.S.C. §2291).
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
FAA §490(b)(2) requires that, in making determinations regarding full
certification, the President consider the extent to which each major
drug producing or drug-transit country has:
The statute provides, alternatively, that a country that cannot be
certified under the foregoing standard may be certified on the grounds
that "vital national interests of the United States require" that
assistance be provided to and the United States not vote against
multilateral development bank lending to such country. FAA
- 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;
- 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.
Section 489(a)(3) requires the USG to identify: (A) major illicit drug
producing and major drug-transit countries, (B) major sources of
precursor chemicals used in the production of illicit narcotics; and (C)
major money laundering countries. These countries are identified below.
Major Drug Producing and Drug-Transit Countries:
A major illicit drug producing country is one in which: (A) 1,000
hectares or more of illicit opium poppy are cultivated or harvested
during a year; (B) 1,000 hectares or more of illicit coca are cultivated
or harvested during a year; or (C) 5,000 hectares or more of illicit
cannabis are cultivated or harvested during a year, unless the President
determines that such illicit cannabis production does not significantly
affect the United States. FAA §481(e)(2).
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,
Major Precursor Chemical Source Countries:
The following countries are major sources of precursor or essential
chemicals used in the production of illicit narcotics: Argentina,
Brazil, China, Germany, India, Mexico, and the Netherlands.
Major Money Laundering Countries:
A major money laundering country is one whose financial institutions
engage in currency transactions involving significant amounts of
proceeds from international narcotics trafficking. FAA §481(e)(7). The
following countries fall into this category: Argentina, Aruba, Brazil,
Canada, Cayman Islands, Colombia, Costa Rica, Ecuador, Germany, Hong
Kong, India, Italy, Japan, Liechtenstein, Luxembourg, Mexico, the
Netherlands, Netherland Antilles, Nigeria, Pakistan, Panama, Paraguay,
Russia, Singapore, Spain, Switzerland, Thailand, Turkey, United Arab
Emirates, United Kingdom, United States, Uruguay, and Venezuela.