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port, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) 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 inves
tigation or prosecution of such acts. (2)(Ă) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry).
(B) Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis. (3) 517 The identity of those countries which are
(A) major illicit drug producing countries or major drugtransit countries as determined under section 490(h);
(B) major sources of precursor chemicals used in the production of illicit narcotics; or
(C) major money laundering countries. (4) In addition, for each country identified pursuant to paragraph (3), the following:
(A) A description of the plans, programs, and timetables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
517 Sec. 101(f)(1)(B)(ii) struck out subpara. (B), and redesignated subparas. (C) and (D) as subparas. (B) and (C). Subpara. (B) formerly read as follows:
"B) the significant direct or indirect sources of narcotics and psychotropic drugs and other controlled substances significantly affecting the United States;”.
and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments achieved in accord with those plans.
(B) Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of such drugs or substances, or the laundering of proceeds
from illegal drug transactions. (5) In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B), a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances.
(6) In addition, for those countries identified pursuant to paragraph (3)(C)
(A) which countries are parties to international agreements on a method for maintaining records of transactions of an established list of precursor and essential chemicals;
(B) which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and
(C) which countries have enacted national chemical control legislation which would impose specific recordkeeping and reporting requirements for listed chemicals, establish a system of permits or declarations for imports and exports of listed chemicals, and authorize government officials to
seize or suspend shipments of listed chemicals. (7) In addition, for those countries identified pursuant to paragraph (3)(D) the following:
(A)(i) Which countries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived from illegal drug sales in the United States or that otherwise significantly affect the United States;
(ii) which countries identified pursuant to clause (i) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings; and (iii) which countries identified pursuant to clause (ii)
(I) are negotiating in good faith with the United States to establish such a record-exchange mechanism, or
(II) have adopted laws or regulations that ensure the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investiga
tions and proceedings. (B) Which countries
(i) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Financial Action Task Force, the policy directive of the European Community, the legislative guidelines of the Organization of American States, and other similar declarations; and
(ii) have entered into bilateral agreements for the exchange of information on money-laundering with
countries other than the United States. (C) Findings on each country's adoption of law and regulations considered essential to prevent narcotics-related money laundering. Such findings shall include whether a country has
(i) criminalized narcotics money laundering;
(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recording of large currency transactions at thresholds appropriate to that country's economic situation;
(iii) required banks and other financial institutions to maintain, for an adequate time, records necessary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering cases;
(iv) required or allowed financial institutions to report suspicious transactions;
(v) established systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets;
(vi) enacted laws for the sharing of seized narcotics assets with other governments;
(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments investigating financial crimes related to narcotics; and
(viii) addressed the problem on international transportation of illegal-source currency and monetary in
struments. The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to address such obstacles, including the imposition of sanctions or
penalties. (b) ANNUAL REPORTS ON ASSISTANCE.—
(1) IN GENERAL.–At the time that the report required by subsection (a) is submitted each year, the Secretary of State, in consultation with appropriate United States Government
agencies, shall report to the appropriate committees of the Congress on the assistance provided or proposed to be provided by the United States Government during the preceding fiscal year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production or trafficking.
(2) INFORMATION TO BE INCLUDED.—Each report pursuant to this subsection shall
(A) specify the amount and nature of the assistance provided or to be provided;
(B) include, for each country identified in subsection (a)(3)(A), information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail
(i) the assistance provided or to be provided to such country by that agency, and
(ii) the assistance provided or to be provided to that
agency by such country, with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and
(C) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and phys
ical condition of each item of property transferred. SEC. 489A,518 * * * [Repealed—1995] SEC. 490.519 ANNUAL CERTIFICATION PROCEDURES.
(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO MULTILATERAL DEVELOPMENT ASSISTANCE.—
518 Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66 (109 Stat. 707) repealed secs. 489A-Reporting Requirements Applicable After September 30, 1995—and 490A-Annual Certification Procedures After September 30, 1995. That section also amended the section catchlines of secs. 489 and 490, striking out "FOR FISCAL YEAR 1995" in each case. Sec. 489A was originally added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4917), the heading originally read “Reporting Requirements Applicable After September 30, 1994.". Sec. 101(f(2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4692) struck out “1994” and inserted in lieu thereof “1995".
51922 U.S.C. 2291j. Added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the heading originally read “ANNUAL CERTIFICATION PROCEDURES FOR FISCAL YEARS 1993 AND 1994.". Sec. 101(gX1XA) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out “FOR FISCAL YEARS 1993 AND 1994", and inserted in lieu thereof "FOR FISCAL YEAR 1995”. Sec. 1112(b) of Public Law 104-66 (109 Stat. 707) struck out “FOR FISCAL YEAR 1995”. Sec. 1112d/2)
6 (104 Stat. 707) struck out subsec. (i) to this section. Previously amended and restated by sec. 101(gX1XH) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4693), subsec. (i) most recently read as follows:
"(i) EFFECTIVE DATES OF SECTIONS.-This section applies only during fiscal year 1995. Section 490 A does not apply during that fiscal year.".
Sec. 591 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002 (Public Law 107-115; 115 Stat. 2174), provided the following:
“MODIFICATION TO THE ANNUAL DRUG CERTIFICATION PROCEDURES "SEC. 591. During fiscal year 2002 funds in this Act that would otherwise be withheld from obligation or expenditure under section 490 of the Foreign Assistance Act of 1961 may be obligated or expended provided that:
and transit counter illicit druge report re
(1) BILATERAL ASSISTANCE.—Fifty percent of the United States assistance allocated each fiscal year in the report required by section 653 for each major illicit drug producing country or major drug-transit country 520 shall be withheld from obligation and expenditure, except as provided in subsection (b). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate
"(1) REPORT.-Not later than 45 days after enactment the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug-transit country or major illicit drug producing country.
"(2) DESIGNATION AND JUSTIFICATION.-In each report under paragraph (1), the President shall also
“(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts
"(i) to adhere to its obligations under international counternarcotics agreements; and
"(ii) to take the counternarcotics measures set forth in section 489(aX1) of the Foreign Assistance Act of 1961; and
“(B) include a justification for each country so designated. "(3) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES.-In the case of a country identified in a report for fiscal year 2002 under paragraph (1) that is also designated under paragraph (2) in the report, United States assistance may be provided under this Act to such country in fiscal year 2002 only if the President determines and reports to the appropriate congressional committees that
"(A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or
“(B) commencing at any time 45 days after enactment, the country has made substantial efforts
"(i) to adhere to its obligations under international counternarcotics agreements; and
"(ii) to take the counternarcotics measures set forth in section 489(a)(1) of the Foreign
Assistance Act of 1961. "(4) INTERNATIONAL COUNTERNARCOTICS AGREEMENT DEFINED.-In this section, the term 'international counternarcotics agreement' means
"(A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
"B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as
"(i) the production, distribution, and interdiction of illicit drugs;
"(iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence);
"(v) the extradition of nationals and individuals involved in drug-related criminal activity;
"(vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity;
"(vii) border security;
"(xiii) related training and technical assistance, and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.
“(5) APPLICATION.-Section 490(a) through (g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) shall not apply during fiscal year 2002 with respect to any country identified in paragraph (1) of this section.
"(6) STATUTORY CONSTRUCTION.-Nothing in this section supersedes or modifies the require. ment in section 489(a) of the Foreign Assistance Act of 1961 (with respect to the International Control Strategy Report) for the transmittal of a report not later than March 1, 2002 under that section.".
520 Sec. 101(g)(1)(B) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4693) struck out “(as determined under subsection (h))" after “major drugtransit country".