DetDeterminationClinton · D Quiet signal

Presidential Determination

Certification for Major Illicit Drug Producing and Drug Transit Countries

In simple terms

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.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 64 FR 11319

  3. Determination effective date

  4. Secretary of State report to Congress

  5. 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

What to expect

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