How international narcotics control assistance works

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1. The statements of policy

Chapter 8 of the Foreign Assistance Act of 1961 governs international narcotics control assistance. Its provisions begin at 22 U.S.C. 2291. The statute’s statements of policy declare that international narcotics trafficking poses an unparalleled transnational threat in today’s world, and that its suppression is among the most important foreign policy objectives of the United States (22 U.S.C. 2291(a)(1)(A)). Under the Single Convention on Narcotic Drugs, 1961 and the United Nations (UN) Convention Against Illicit Traffic, the parties are required to criminalize certain drug-related activities and provide appropriately severe penalties (22 U.S.C. 2291(a)(1)(B)). They must also cooperate in the extradition of accused offenders.

International narcotics control programs should include, as priority goals, the suppression of illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering and precursor chemical diversion (22 U.S.C. 2291(a)(1)(C)). They also include the progressive elimination of the illicit cultivation of the crops from which those drugs are derived. The statements also declare that international crime, including narcotics trafficking, money laundering and corruption, endangers political and economic stability and democratic development (22 U.S.C. 2291(a)(1)(D)).

2. Producer and transit countries

The international community should provide assistance, where appropriate, to producer and transit countries in meeting their obligations (22 U.S.C. 2291(a)(1)(E)). On money laundering, the United States objective is to ensure that countries adopt comprehensive domestic measures and cooperate with each other in narcotics money laundering investigations, prosecutions and related forfeiture actions (22 U.S.C. 2291(a)(1)(F)). Congress also stated that effective international cooperation is necessary to control the illicit cultivation, production, smuggling, trafficking and abuse of narcotic and psychotropic drugs (22 U.S.C. 2291(a)(1)(G)).

3. Agreements, banks and the general authority

The President is authorized to conclude agreements with other countries, including reciprocal maritime agreements (22 U.S.C. 2291(a)(2)). Their purpose is to facilitate control of the production, processing, transportation and distribution of narcotics analgesics, other narcotic and psychotropic drugs, and other controlled substances (22 U.S.C. 2291(a)(2)). It is United States policy to use its voice and vote in multilateral development banks to promote drug reduction and eradication programs in major illicit drug producing countries (22 U.S.C. 2291(a)(3)). That policy includes appropriate assistance in conjunction with effective programs of illicit crop eradication.

The core authority is broad. Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization (22 U.S.C. 2291(a)(4)). It may serve the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes (22 U.S.C. 2291(a)(4)). The assistance is provided on such terms and conditions as the President may determine.

4. Coordination by the Secretary of State

The Secretary of State has a coordinating role, consistent with chapter 1 of the National Narcotics Leadership Act of 1988 (22 U.S.C. 2291(b)(1)). The Secretary is responsible for coordinating all assistance the United States Government provides to support international efforts to combat illicit narcotics production or trafficking (22 U.S.C. 2291(b)(1)). A rule of construction keeps that coordination from limiting or impairing any other federal agency’s authority or responsibility over law enforcement, domestic security operations or intelligence work (22 U.S.C. 2291(b)(2)).

5. Herbicides used for eradication

The President must monitor any use under this part of a herbicide for aerial eradication to determine its impact on the environment and the health of individuals (22 U.S.C. 2291(d)(1)). The President reports on that impact in the annual report under section 2291h(a) (22 U.S.C. 2291(d)(2)). If the President determines that any such use is harmful to the environment or the health of individuals, the President must report immediately, with recommendations (22 U.S.C. 2291(d)(3)). The report goes to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations (22 U.S.C. 2291(d)(3)).

6. Weapons, cost sharing and contributions

Funds made available to carry out this part shall not be made available for the procurement of weapons or ammunition (22 U.S.C. 2291a(b)(1)). There are two exceptions, each requiring the President to notify the appropriate congressional committees at least 15 days before obligating the funds (22 U.S.C. 2291a(b)(2)). The first covers weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes. The second covers firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State working under this part.

A country receiving assistance under this part should bear an appropriate share of the costs, which it may bear on an in-kind basis (22 U.S.C. 2291a(c)(1)). The President is authorized to accept contributions from foreign governments to carry out the purposes of this part (22 U.S.C. 2291a(c)(2)(A)). With the annual congressional presentation documents, the President provides a detailed report on any contributions received in the preceding fiscal year (22 U.S.C. 2291a(c)(2)(B)). The President may also furnish assistance under this part on a reimbursable basis (22 U.S.C. 2291a(c)(3)).

The President must notify the appropriate congressional committees at least 10 days before any transfer of seized or forfeited property or funds to a foreign country for narcotics control purposes (22 U.S.C. 2291a(e)). The Secretary of State may use the authority of section 2358, without regard to its restrictions, to receive nonlethal excess property for foreign governments (22 U.S.C. 2291a(g)). Amounts appropriated under the authorization subsection may stay available until expended, as the statute authorizes (22 U.S.C. 2291a(a)(2)). How the program is reported is covered in the International Narcotics Control Strategy Report.

7. How the funds are handled

The authorization of appropriations in the section names amounts only for fiscal years 1993 and 1994, of $147,783,000 and $171,500,000 respectively (22 U.S.C. 2291a(a)(1)). Contributions from foreign governments are deposited as an offsetting collection to the applicable appropriation account (22 U.S.C. 2291a(c)(2)(A)). They may be used under the same terms and conditions as appropriated funds, and reimbursements are treated the same way (22 U.S.C. 2291a(c)(3)).

Personnel funded under the section may provide administrative assistance to personnel of the bureau the Secretary of State designated to replace the Bureau for International Narcotics Matters (22 U.S.C. 2291a(d)(1)). That authority does not apply to the extent it would reduce funds available for antinarcotics assistance to foreign countries (22 U.S.C. 2291a(d)(2)). Funds transferred to and consolidated with funds appropriated for this part may be made available on the same terms (22 U.S.C. 2291a(f)). They are apportioned directly to the State Department bureau responsible for administering this part.

Key terms

Chapter 8	The part of the Foreign Assistance Act on international narcotics control.
Other anticrime purposes	Purposes beyond drug control for which the general authority may be used.
Coordination role	The Secretary of State’s responsibility for all U.S. international counternarcotics assistance.
Defensive arming	The narrow exception to the bar on buying weapons with these funds.
Reimbursable basis	A basis on which the President is authorized to provide assistance under the part.

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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