ExecutiveOrdersEO
DetDeterminationBiden · D

Presidential Determination

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2022

This determination identifies 22 countries as major drug transit or illicit drug producing countries for FY2022, with Bolivia and Venezuela designated as having 'failed demonstrably' to meet international counternarcotics obligations. It directs the Secretary of State to submit the designation and justifications to Congress and publish in the Federal Register, while outlining the Biden Administration's drug policy priorities including synthetic drug cooperation with Mexico, Colombia, China, and India.

Federal Register Open PDF 86 FR 52819

Impact dates

  1. Determination effective and submission to Congress directed

Key directives

  • Identify 22 countries as major drug transit or major illicit drug producing countries
  • Designate Bolivia and Venezuela as having failed demonstrably to make substantial efforts
  • Submit designation with Bolivia and Venezuela memoranda of justification to Congress under section 706 of FRAA
  • Publish determination in the Federal Register

Who is ordered

Timeline

Immediate

  • Designation of 22 countries on major drug transit/producing list
  • Bolivia and Venezuela 'failed demonstrably' designation takes effect
  • Submission to Congress and Federal Register publication directed

Near term (90d)

  • Congressional review of designation and justifications
  • Potential withholding of assistance to Bolivia and Venezuela unless national interest waiver applied

Long term

  • FY2022 budget implementation for $10.7 billion in drug policy programs
  • Expanded synthetic drug cooperation with Mexico, Colombia, China, India
  • Ongoing counternarcotics compliance monitoring for Bolivia and Venezuela

Risks & tensions

  • Bolivia and Venezuela designations may trigger aid restrictions unless national interest waiver applied (which was granted)
  • Vague 'expand cooperation' language with China and India lacks concrete mechanisms
  • No explicit consequences for listed countries beyond Bolivia/Venezuela designation
  • Potential tension between counternarcotics pressure and broader diplomatic relationships with Venezuela
Presidential Determination: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2022 · Executive Orders