Aircraft, equipment and property in narcotics programs

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1. No payments for eradicated crops

The international narcotics control chapter of the Foreign Assistance Act attaches several conditions to the aircraft, equipment and property its programs provide. The first is a funding bar. Funds made available to carry out the chapter may not be used to reimburse persons whose illicit drug crops are eradicated (22 U.S.C. 2291b). The section states no exception to that bar.

2. Aircraft by lease or loan

Aircraft made available to a foreign country under this part shall be provided only on a lease or loan basis (22 U.S.C. 2291c(a)(1)(A)). The same rule covers aircraft made available to a foreign country primarily for narcotics-related purposes under any other provision of law. It applies to aircraft made available at any time after October 27, 1986, the date of enactment of the International Narcotics Control Act of 1986 (22 U.S.C. 2291c(a)(1)(B)).

There are two exceptions. The first applies to the extent that applying the lease or loan requirement to particular aircraft would be contrary to United States national interest (22 U.S.C. 2291c(a)(2)(A)). The President must also notify the appropriate congressional committees under the regular reprogramming procedures. The second covers aircraft made available under any provision of law that authorizes property civilly or criminally forfeited to the United States to be made available to foreign countries (22 U.S.C. 2291c(a)(2)(B)).

3. Financing leases with military financing funds

Funds made available for Foreign Military Financing may be used to finance the leasing of aircraft under chapter 6 of the Arms Export Control Act (AECA) (22 U.S.C. 2291c(a)(3)(A)). Section 61(a)(3) of that Act does not apply to leases so financed (22 U.S.C. 2291c(a)(3)(B)). Instead, the entire cost of any such lease, including any renewals, is an initial, one time payment equal to the price that would be charged if the aircraft were sold.

Where the leased aircraft were acquired under chapter 5 of the AECA, the financing funds are credited to the Special Defense Acquisition Fund under that chapter. The amount that reflects the charges described in section 21(e)(1) of that Act is excluded from the credit (22 U.S.C. 2291c(a)(3)(C)). The excluded funds are available for payments consistent with sections 37(a) and 43(b) of the AECA.

4. Proper use and misuse

Aircraft and other equipment made available to foreign countries under this part must be used only in ways consistent with the purposes for which they were provided. The President shall take all reasonable steps to ensure that result (22 U.S.C. 2291c(b)). The annual report required by section 2291h(a) must include a report on any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part (22 U.S.C. 2291c(c)(1)). It must also describe the actions taken by the United States Government to prevent future misuse of such equipment by that country (22 U.S.C. 2291c(c)(2)).

5. Records of aircraft use

The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this part, including aircraft made available before October 27, 1986 (22 U.S.C. 2291d(a)). Those records are made available to Congress on request (22 U.S.C. 2291d(b)). The request may come from the Chairman of the House Committee on Foreign Affairs or the Chairman of the Senate Committee on Foreign Relations (22 U.S.C. 2291d(b)).

6. No assistance to drug traffickers

The President shall take all reasonable steps to ensure that assistance under the chapter and the AECA does not reach certain people (22 U.S.C. 2291f(a)). The bar covers assistance provided to or through any individual or entity that the President knows or has reason to believe falls in either of two groups (22 U.S.C. 2291f(a)). The first is anyone convicted of a violation of, or a conspiracy to violate, a drug law or regulation (22 U.S.C. 2291f(a)(1)). The law may be that of the United States, a State, the District of Columbia or a foreign country, and must relate to narcotic or psychotropic drugs or other controlled substances (22 U.S.C. 2291f(a)(1)).

The second is anyone who is or has been an illicit trafficker in any such controlled substance (22 U.S.C. 2291f(a)(2)). It also covers anyone who is or has been a knowing assistor, abettor, conspirator or colluder with others in that trafficking (22 U.S.C. 2291f(a)(2)). The President shall issue regulations specifying the steps to be taken in carrying out the section (22 U.S.C. 2291f(b)). Those regulations shall be submitted to the Congress before they take effect (22 U.S.C. 2291f(c)).

7. Land, real property and construction

Funds made available to carry out this part may not be used to acquire, by purchase or other means, any land or other real property for use by foreign military, paramilitary or law enforcement forces (22 U.S.C. 2291g(a)(1)). The bar does not apply to the acquisition of land or real property by lease of a duration not to exceed 2 years (22 U.S.C. 2291g(a)(2)).

Funds made available to carry out this part may not be used to construct facilities for use by foreign military, paramilitary or law enforcement forces without advance notice (22 U.S.C. 2291g(b)(1)). Notice must reach the appropriate congressional committees no less than 15 days before funds for such construction are obligated, under the procedures for reprogramming notifications in section 2394-1 (22 U.S.C. 2291g(b)(1)). That notice requirement does not apply to construction for which the obligation of funds under this part is less than $750,000 (22 U.S.C. 2291g(b)(2)).

The part’s funds also cannot buy weapons or ammunition, apart from two narrow defensive exceptions (22 U.S.C. 2291a(b)). The annual report in which misuse is described is covered in the International Narcotics Control Strategy Report.

Key terms

Lease or loan basis	The default way aircraft are provided to foreign countries under the program.
National interest exception	The exception for particular aircraft where a lease or loan would be contrary to the national interest, with committee notice.
One time payment	The financing rule for aircraft leases paid with Foreign Military Financing funds.
Reason to believe	The standard for keeping assistance from drug traffickers.
$750,000	The construction obligation below which no advance notice is needed.
Special Defense Acquisition Fund	The AECA chapter 5 fund credited when leased aircraft were acquired under that chapter.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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