31 January 2003
U.S. Releases Annual Narcotics Certification Report
(Burma, Guatemala, Haiti listed as not meeting counternarcotics
obligations) (2720)
The United States has listed Burma, Guatemala, and Haiti as nations
that have "failed demonstrably" during the past year to meet their
obligations under international counternarcotics agreements.
In signing the presidential determination on January 31, however,
President Bush exempted Guatemala and Haiti from a provision of the
legislation that would have made them ineligible for most types of
U.S. foreign assistance, saying that U.S. vital national interests
required continuation of assistance to those two countries.
The United States issues a narcotics certification report each year
that identifies all major illicit drug production and drug transit
countries. According to the presidential determination, which is sent
to the U.S. Congress, a country's presence on this so-called "Majors
List" is not necessarily "an adverse reflection of its government's
counternarcotics effort or level of cooperation with the United
States."
The 2003 determination released January 31 identified 23 nations as
being on the Majors List: Afghanistan, the Bahamas, Bolivia, Brazil,
Burma, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti,
India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay,
Peru, Thailand, Venezuela, and Vietnam. The same 23 nations were
listed in the 2002 determination.
This year's determination said Burma remains "the world's number one
producer and trafficker of methamphetamine and the world's second
largest producer and trafficker of heroin." Although saying there was
progress on some counternarcotics fronts, the report said that drug
gangs operated freely along the Burmese border with China and
Thailand, and that the most important trafficking organization within
its borders, the United Wa State Army, has yet to be curbed.
Guatemala's overall counterdrug commitment "deteriorated" during 2002,
according to the determination, which said "a heightened level of
corruption" also impeded significant progress. It pointed to such
indicators as the inability to pass and enact anti-corruption and
transparency legislation, the disbandment of the anti-narcotics police
after several attempts to reform it, and the removal or transfer of a
majority of narcotics prosecutors due to poor performance.
The determination listed nine specific counterdrug actions that Haiti
failed to take after being asked to do so by the United States, among
them introduction of anti-corruption legislation, prosecution of
drug-related public corruption, and enforcement of the Haitian Central
Bank's existing anti-money laundering guidelines. It called Haiti "a
significant transshipment point for drugs, primarily cocaine, moving
through the Caribbean from South America to the United States."
The determination also expressed concern about illicit drug control in
two nations not on the Majors List, the Netherlands and Canada.
Reporting that "a significant amount" of the synthetic drug known as
ecstasy that is consumed in the United States is manufactured
clandestinely in the Netherlands, the determination said the United
States expects Dutch authorities "to move effectively and measurably
in the coming year against the production and export of this drug,
including dismantling labs and proceeding against trafficking
organizations."
Turning to Canada, the determination said "the United States
Government is concerned that Canada is a primary source of
pseudoephedrine and an increasing source of high potency marijuana,
which are exported to the United States."
The determination said that the Canadian government generally has not
regulated the sale and distribution of precursor chemicals such as
pseudoephedrine, which has been increasingly diverted from Canadian
sources to clandestine U.S. drug laboratories manufacturing
methamphetamine. Nevertheless, it commended Canadian law enforcement
agencies for their energetic support of joint U.S.-Canadian law
enforcement efforts.
Following are texts of a White House statement on the presidential
determinations, followed by separate statements of explanation for the
determinations in the cases of Burma, Guatemala and Haiti:
(begin text of White House statement on presidential determinations)
THE WHITE HOUSE
Office of the Press Secretary
January 31, 2003
STATEMENT BY THE PRESS SECRETARY
Annual Presidential Determinations of Major Illicit Drug-Producing and
Drug-Transit Countries
Acting on recommendations from the Secretary of State, President Bush
has sent to Congress his annual report listing the major illicit drug
producing and drug-transit countries (known as the "Majors List"). In
the same report, he has provided his determinations on which of these
countries has "failed demonstrably to make substantial efforts" during
the previous 12 months to adhere to international counternarcotics
agreements and to take the counternarcotics measures specified in U.S.
law.
This procedure is changed from prior years as a result of the passage
of the Foreign Relations Authorization Act, 2002-2003
(P.L.107-228)(FRAA). Section 706 of the Act, makes permanent the
"failed demonstrably" standard adopted last year for "majors list"
country certifications, and consolidates the identification of the
"majors list" countries with the certification process into a single
report. A fact sheet will be made available by the Department of State
to explain the other changes to the certification process in the Act.
As in previous years, this year's certification determinations
required the President to consider each country's performance in areas
such as stemming illicit cultivation, extraditing drug traffickers,
and taking legal steps and law enforcement measures to prevent and
punish public corruption that facilitates drug trafficking or impedes
prosecution of drug-related crimes. The President also had to consider
efforts taken by these countries to stop production and export of, and
reduce the domestic demand for, illegal drugs.
In his report, the President identified as major drug-transit or major
illicit drug producing countries: Afghanistan, The Bahamas, Bolivia,
Brazil, Burma, China, Colombia, Dominican Republic, Ecuador,
Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan,
Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam.
The President also reported to Congress his determinations that Burma,
Guatemala, and Haiti failed demonstrably, during the previous 12
months, to adhere to their obligations under international
counternarcotics agreements and to take the measures set forth in U.S.
law. The President determined, however, that provision of United
States assistance to Guatemala and Haiti in FY 2003 is vital to the
national interests of the United States. Therefore, under provisions
of the FRAA, these two countries will receive assistance,
notwithstanding their counternarcotics performance. The President did
not make this determination with respect to Burma.
The President's report also noted the alarming increase in the
quantity of ecstasy (MDMA) entering the United States, of which a
significant amount is manufactured clandestinely in the Netherlands.
Additionally, the President cited his concern that Canada is a primary
source of pseudoephedrine, which is exported to the United States and
used in clandestine drug laboratories to make methamphetamine, and
that Canada is an increasing source of high potency marijuana that is
exported to the United States. The President expressed his desire to
continue to work closely in a continuing partnership with the
governments of the Netherlands and Canada to address these issues.
(end text of White House statement on presidential determinations)
(begin text of Statement of Explanation - Burma)
STATEMENT OF EXPLANATION
Burma
The United States has determined that Burma failed demonstrably to
make sufficient efforts during the last 12 months to meet its
obligations under international counternarcotics agreements and the
counternarcotics requirements set forth in section 489(a)(1) of the
Foreign Assistance Act of 1961, as amended. Burma remains the world's
number one producer and trafficker of methamphetamine and the world's
second largest producer and trafficker of heroin. Judging from the
situation in neighboring countries, production and trafficking of
methamphetamine from Burma continues to be one of the most serious
problems facing Southeast Asia. Drug gangs operate freely within Burma
along its borders with China and Thailand, producing several hundred
million methamphetamine tablets annually by using precursors imported
from neighboring states.
Although Burma banned the import, sale, and use of 25 precursor
chemicals and related substances used in the production of
methamphetamine in 2002, Burma has yet to take effective measures
against methamphetamine production and trafficking or the importation
of precursor chemicals from neighboring states used in the production
of methamphetamine. Hundreds of millions of methamphetamine tablets
flooded the region, and seizures of methamphetamine went down
significantly in 2002 (about 9 million tablets compared to 32 million
in 2001), representing only a tiny fraction of the estimated
production. In addition, the government destroyed a smaller number of
methamphetamine and heroin labs in 2002 compared to the previous year.
Burma has also yet to curb involvement in illicit narcotics by the
largest, most powerful, and most important trafficking organization
within its borders, the United Way State Army (UWSA). Although the
government claims it has increased pressure on the UWSA to end opium
production, major UWSA traffickers continue to operate with apparent
impunity and UWSA involvement in methamphetamine production and
trafficking remains a serious concern.
While the United States gives Burma a failing, grade due to the
magnitude of the above issues, we do note some progress on several
counternarcotics fronts. Although Burma remains the world's second
largest producer of illicit opium, opium production in Burma declined
26 percent in the past year, seizures of heroin and opium increased,
and the government has initiated several cases against accused
money-launders under new anti-money laundering laws.
The Government of Burma also continued to cooperate with regional and
international counternarcotics agencies and organizations, resulting
in several cases against traffickers and their organizations in
cooperation with the United States, Australia, Thailand, China, and
others. Increased cooperation with China, in particular, resulted in
the rendering of several narco-traffickers to China in 2002.
We urge the Government of Burma to redouble efforts in those areas
where it is making progress and to address those major gaps where it
has made no serious efforts to date.
(end text of Statement of Explanation - Burma)
(begin text of Statement of Explanation - Guatemala)
STATEMENT OF EXPLANATION
Guatemala
Despite improvements towards the end of the year, Guatemala failed
demonstrably during the last 12 months to make substantial efforts to
adhere to its obligations under international counternarcotics
agreements and to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961, as amended.
Guatemala remains a major transshipment point for drugs, primarily
cocaine, moving from South America to the United States. However, the
vital national interests of the United States require the United
States to continue providing assistance to Guatemala under the Foreign
Operations, Export Financing, and Related Programs Act, 2002 (P.L.
107-115).
During 2002, Guatemala's overall counterdrug commitment deteriorated.
The Government of Guatemala's (GOG) counternarcotics efforts
traditionally have been limited by a lack of resources for police,
prosecutors, and judges. However, in 2002, a heightened level of
corruption also impeded significant progress in the battle against
narcotrafficking. Seizures of illegal narcotics and narcotics-related
prosecutions in Guatemala were dramatically lower than in years past,
despite evidence that the flow of illegal drugs had not diminished.
Efforts to pass and implement anti-corruption and transparency
legislation floundered. Few high-level figures were formally
investigated or indicted; and the Anti-Narcotics Police (DOAN) was
disbanded after several attempts at reform and the firing or
reassignment of 75% of all personnel. The majority of Anti-Narcotics
Prosecutors were also removed or transferred in the last year due to
poor performance. During 2002, p lice stole an amount of drugs
estimated at double the amount officially seized, and were identified
as responsible for drug-related extra-judicial executions of both
narcotraffickers and civilians.
Toward the end of 2002, at the request of the United States the GOG
took some positive counternarcotics steps. The GOG promulgated
regulations to implement the modern money laundering legislation
passed in 2007 (though there have been no convictions to date). A
number of police officers were arrested and others removed from office
in connection with a gun battle over a drug shipment in the town of
Chocon. The GOG recently began regularly destroying newly confiscated
drugs not needed for evidence, and, in December, destroyed a modest
amount of drugs stored from older cases.
Despite Guatemala's demonstrable failure on counternarcotics efforts,
U.S. vital national interests require that U.S. assistance to
Guatemala continue. Social and political problems underlying the
country's 36-year civil conflict remain, and many Peace Accord
commitments have not been met. There is a need for continued
assistance to programs that diversify the rural economy, increase
access to education and medical services, strengthen judicial and
human rights institutions, foster the development of civil society,
and address environmental concerns. These programs create an
environment conductive to building democracy and reducing illegal
migration. They also address social injustice, poverty, and distrust
of civil authority in Guatemala, which are contributing factors behind
Guatemalan involvement in the drug trade. The upcoming Central
American Free Trade Agreement (CAFTA) negotiations will also require
significant U.S. involvement and assistance in projects linked to
further economic liberalization. Additionally, suspension of
assistance to Guatemala would result in the further deterioration of
Guatemalan institutions essential to combating the ever-growing
influence of organized crime in Guatemala.
(end text of Statement of Explanation - Guatemala)
(begin text of Statement of Explanation - Haiti)
STATEMENT OF EXPLANATION
Haiti
Haiti failed demonstrably during the last 12 months to make
substantial efforts to adhere to its obligations under international
counternarcotics agreements and take the counternarcotics measures set
forth in section 489(a)(1) of the Foreign Assistance Act of 1961, as
amended. Haiti remains a significant transshipment point for drugs,
primarily cocaine, moving through the Caribbean from South America to
the United States. However, national interests of the United States
require the United States to continue to provide assistance to Haiti
under the Foreign Operations, Export, Financing, and Related Programs
Act, 2002 (P.L. 107-115). Haiti's overall counterdrug commitment has
remained weak, in part due to political instability stability and low
levels of assistance. Such instability, coupled with economic
degradation, has led to an increase in criminal and political violence
and compromised internal security. Corruption is rife; including
reported police involvement in kidnapping-for-ransom, car theft, and
coercion of junior police officers either to assist in or to ignore
drug trafficking activities President Aristide has attempted to shore
up his personal and political security by politicizing the Haitian
National Police (HNP). This, in contravention to one of President
Aristide's commitments to the U.S. Government, bodes ill for an
effective counternarcotics effort.
With two exceptions (putting into force a 1997 U.S.-Haiti bilateral
maritime counternarcotics interdiction agreement and establishing a
Financial Intelligence Unit), the Government of Haiti (GOH) has taken
no action on its own initiative in the past year either to cooperate
with the United States to interdict the flow of drugs destined for the
United States or to honor its commitments as a party to the 1988 UN
Drug Convention.
Other than signing a oil bilateral counternarcotics Letter of
Agreement, permitting the polygraph examination of 40 HNP anti-drug
unit officers and removing those with questionable results, Haiti
failed to take significant counterdrug actions requested by the U.S.
Government. In summary, the GOH did not:
1) Deposit an instrument of ratification of the OAS Inter-American
Convention Against Corruption;
2) introduce anti-corruption legislation,
3) prosecute drug-related public (including police)
corruption;
4) implement fully the anti-money laundering law passed in
January 2001;
5) enforce existing an anti-money laundering guidelines issued by
the Central Bank;
6) require cross-border currency declarations and provide
penalties for noncompliance;
7) increase the number of arrests of major traffickers;
8) establish a permanent BLTS (French acronym for the HNP
anti-drug unit) office outside Port-au-Prince;
9) provide training to judges, prosecutors, and law enforcement
officials.
Despite Haiti's demonstrable failure on counternarcotics issues, U.S.
vital national interests require that U.S. assistance to Haiti
continue. Haiti is the hemisphere's poorest country. There is a
continued need for assistance to programs that increase access to
education, combat environmental degradation, fight the spread of HIV
AIDS, and foster the creation of legitimate business and employment
opportunities. These programs can create an atmosphere conducive to
building democracy and reducing illegal migration. They will also
address root causes of poverty and hopelessness in Haiti, contributing
factors behind Haitian involvement in the international drug trade.
Suspension of assistance to Haiti would result in the further
deterioration of Haitian institutions. Additionally, suspension would
hamper U.S. efforts to ensure implementation of OAS Resolution 822,
which commits Haiti to hold legislative elections in 2003.
(end text of Statement of Explanation - Haiti)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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