ExecutiveOrdersEO
DetDeterminationClinton · D Quiet signal

Presidential Determination

Certification for Major Illicit Drug Producing and Drug Transit Countries

President Clinton issued a determination under the Foreign Assistance Act certifying 22 countries as fully cooperating with U.S. counter-narcotics goals, granting 4 countries (Cambodia, Haiti, Nigeria, Paraguay) a national-interest waiver despite inadequate cooperation, and decertifying Afghanistan and Burma. The determination affects foreign assistance eligibility and triggers congressional notification requirements.

Federal Register Open PDF 64 FR 11319

Impact dates

  1. Determination effective date

  2. Secretary of State report to Congress

  3. Federal Register publication

Key directives

  • Certify 22 countries under section 490(b)(1)(A) for full cooperation
  • Grant national-interest certification to 4 countries under section 490(b)(1)(B)
  • Decertify Afghanistan and Burma for failing to meet standards
  • Secretary of State to report determination to Congress immediately
  • Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Certification status takes effect for FY 1999 foreign assistance
  • Secretary of State directed to report to Congress immediately
  • Federal Register publication required

Near term (90d)

  • Congressional review and potential disapproval of determinations
  • Aruba expected to complete extension of 1988 UN Drug Convention during 1999
  • DEA Beijing office staffing anticipated in 1999

Long term

  • Annual recertification cycle under section 490
  • Ongoing counter-narcotics cooperation frameworks with certified countries
  • Potential sanctions modification for decertified countries if behavior changes

Risks & tensions

  • Decertification of Afghanistan and Burma may limit but does not cut off all counter-narcotics assistance, reducing leverage
  • National-interest waivers for Cambodia, Haiti, Nigeria, Paraguay balance drug control against democracy promotion and regional stability goals
  • Vague statutory standard 'cooperated fully' or 'adequate steps' permits significant presidential discretion
  • Haiti's political impasse creates tension between certification criteria and broader U.S. stability interests
Presidential Determination: Certification for Major Illicit Drug Producing and Drug Transit Countries · Executive Orders