ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Provision of U.S. Drug Interdiction Assistance to the Government of Brazil

President Bush certified that Brazil has adequate procedures to protect innocent life during aerial drug interdiction operations, authorizing U.S. assistance for shooting down aircraft suspected of drug trafficking in Brazilian airspace under a 1995 statute. The Secretary of State must publish this determination and notify Congress.

Federal Register Open PDF 72 FR 61035

Impact dates

  1. Secretary of State to publish determination in Federal Register and notify Congress

Key directives

  • Certify Brazil has appropriate procedures to protect against innocent loss of life during aerial drug interdiction
  • Authorize and direct Secretary of State to publish determination in Federal Register
  • Direct Secretary of State to notify Congress of this determination

Who is ordered

Timeline

Immediate

  • Certification takes effect upon signing, enabling U.S. drug interdiction assistance to Brazil

Near term (90d)

  • Secretary of State to publish in Federal Register and notify Congress

Long term

  • Ongoing U.S.-Brazil counter-narcotics aerial interdiction cooperation contingent on continued Brazilian compliance with certification requirements

Risks & tensions

  • Certification of 'appropriate procedures' involves subjective judgment; no specific verification mechanism described
  • Use of lethal force against aircraft carries inherent risk of erroneous targeting despite warning requirements
  • Congressional notification is procedural, not an approval mechanism—potential tension with legislative oversight preferences
Presidential Determination: Provision of U.S. Drug Interdiction Assistance to the Government of Brazil · Executive Orders