ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Presidential Determination on Major Illicit Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2013

This determination identifies 22 countries as major drug transit or illicit drug producing countries for FY 2013 under the Foreign Relations Authorization Act. It specifically designates Bolivia, Burma, and Venezuela as having 'failed demonstrably' to meet international counternarcotics obligations, but also determines that continuing aid to these three countries is vital to U.S. national interests, allowing assistance to proceed despite the negative designation.

Federal Register Open PDF 77 FR 58917

Impact dates

  1. Submission to Congress and Federal Register publication

Key directives

  • Identify 22 countries as major drug transit and/or major illicit drug producing countries
  • Designate Bolivia, Burma, and Venezuela as having failed demonstrably to adhere to international counternarcotics obligations
  • Determine that support for programs to aid Bolivia, Burma, and Venezuela is vital to U.S. national interests
  • Submit determination with memoranda of justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Country designations take effect for FY 2013
  • Bolivia, Burma, Venezuela designated as failing demonstrably
  • National interest waiver invoked for Bolivia, Burma, Venezuela allowing continued assistance

Near term (90d)

  • Congressional submission of determination with justifications
  • Federal Register publication

Long term

  • Ongoing foreign assistance conditionality for listed countries
  • Continued CARSI and Merida Initiative operations
  • Afghanistan counternarcotics efforts tied to security and development goals

Risks & tensions

  • Waiver of sanctions for 'failed demonstrably' countries (Bolivia, Burma, Venezuela) creates tension between counternarcotics accountability and strategic/geopolitical interests
  • Afghanistan's fragile gains in poppy reduction linked to broader security situation, creating dependency on continued military and development presence
  • Vague statutory thresholds for 'major' and 'failed demonstrably' give executive broad discretion, raising consistency concerns
Presidential Determination: Presidential Determination on Major Illicit Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2013 · Executive Orders