ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

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

President Obama certified that Brazil meets statutory requirements to receive U.S. assistance for interdicting aircraft suspected of drug trafficking in its airspace, finding that such interdiction is necessary due to the extraordinary threat of drug trafficking and that Brazil has procedures to protect innocent life. The determination requires publication in the Federal Register and congressional notification.

Federal Register Open PDF 77 FR 65457

Impact dates

  1. Federal Register publication and congressional notification

Key directives

  • Certify Brazil meets criteria for U.S. drug interdiction assistance under 22 U.S.C. 2291-4
  • Publish determination in Federal Register
  • Notify Congress of this determination

Who is ordered

Timeline

Immediate

  • Certification takes effect upon signing
  • Secretary of State directed to publish in Federal Register and notify Congress

Near term (90d)

  • Federal Register publication expected
  • Congressional notification expected

Long term

  • Ongoing U.S. drug interdiction assistance to Brazil authorized under NDAA FY1995 framework

Risks & tensions

  • Use of force against aircraft carries inherent risk of innocent loss of life despite certification of Brazilian procedures
  • Determination relies on subjective assessment of 'extraordinary threat' and adequacy of Brazilian warning protocols
  • Limited transparency: document does not specify scope or duration of assistance to be provided
Presidential Determination: Provision of U.S. Drug Interdiction Assistance to the Government of Brazil · Executive Orders