ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for FY05

This presidential determination identifies 22 countries as major drug-transit or illicit drug-producing countries for FY2005 under the Foreign Relations Authorization Act, designates Burma as having failed demonstrably in counternarcotics obligations, removes Thailand from the list, and includes policy assessments of Haiti, the Netherlands, Canada, Nigeria, Afghanistan, and North Korea. The Secretary of State is directed to transmit the report to Congress and publish it in the Federal Register.

Federal Register Open PDF 69 FR 57809

Key directives

  • Identify 22 countries as major drug-transit or major illicit drug producing countries
  • Designate Burma as having failed demonstrably to adhere to international counternarcotics obligations
  • Remove Thailand from the Majors List
  • Submit report to Congress under section 706 of FRAA
  • Transmit report to Congress
  • Publish report in Federal Register

Who is ordered

Timeline

Immediate

  • Burma designated as failing demonstrably (sanctions eligibility affected)
  • Thailand removed from Majors List
  • Report transmission to Congress and Federal Register publication directed

Near term (90d)

  • Congressional review of certification determinations
  • Potential withholding of assistance for Burma pending waiver or sanctions decisions

Long term

  • Annual recertification cycle for FY2006
  • Ongoing bilateral counternarcotics cooperation with listed countries
  • Structural impact on foreign assistance eligibility for listed nations

Risks & tensions

  • Vague 'broad interpretation' of 'countries' to include autonomous entities may create diplomatic friction with China regarding Taiwan/Hong Kong mentions
  • Certification of Haiti despite 'limited' progress risks inconsistent application of statutory standards
  • Praise for Netherlands cooperation alongside criticism of mutual legal assistance obstacles creates mixed signals
  • North Korea allegations of state-sponsored narcotics trafficking without direct US-bound evidence may escalate regional tensions
  • Implicit tension between counternarcotics certification and broader foreign policy objectives (Afghanistan, Haiti regime change context)
Presidential Determination: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for FY05 · Executive Orders