§ 2492. — Tariff treatment of products of uncooperative major drug producing or drugtransit countries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2492]
TITLE 19--CUSTOMS DUTIES
CHAPTER 12--TRADE ACT OF 1974
SUBCHAPTER VII--TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS
AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES
Sec. 2492. Tariff treatment of products of uncooperative major
drug producing or drug-transit countries
(a) Required action by President
Subject to subsection (b) of this section, for every major drug
producing country and every major drug-transit country, the President
shall, on or after March 1, 1987, and March 1 of each succeeding year,
to the extent considered necessary by the President to achieve the
purposes of this subchapter--
(1) deny to any or all of the products of that country tariff
treatment under the Generalized System of Preferences, the Caribbean
Basin Economic Recovery Act [19 U.S.C. 2701 et seq.], or any other
law providing preferential tariff treatment;
(2) apply to any or all of the dutiable products of that country
an additional duty at a rate not to exceed 50 percent ad valorem or
the specific rate equivalent;
(3) apply to one or more duty-free products of that country a
duty at a rate not to exceed 50 percent ad valorem;
(4) take the steps described in subsection (d)(1) or (d)(2) of
this section, or both, to curtail air transportation between the
United States and that country;
(5) withdraw the personnel and resources of the United States
from participation in any arrangement with that country for the pre-
clearance of customs by visitors between the United States and that
country; or
(6) take any combination of the actions described in paragraphs
(1) through (5).
(b) Certifications; Congressional action
(1)(A) Subject to paragraph (3), subsection (a) of this section
shall not apply with respect to a country if the President determines
and certifies to the Congress, at the time of the submission of the
report required by section 2291h of title 22, that--
(i) during the previous year the country has cooperated fully
with the United States, or has taken adequate steps on its own--
(I) in satisfying the goals agreed to in an applicable
bilateral narcotics agreement with the United States (as
described in paragraph (B)) or a multilateral agreement which
achieves the objectives of paragraph (B),
(II) in preventing narcotic and psychotropic drugs and other
controlled substances produced or processed, in whole or in
part, in such country or transported through such country, from
being sold illegally within the jurisdiction of such country to
United States Government personnel or their dependents or from
being transported, directly or indirectly, into the United
States,
(III) in preventing and punishing the laundering in that
country of drug-related profits or drug-related moneys, and
(IV) in preventing and punishing bribery and other forms of
public corruption which facilitate the illicit production,
processing, or shipment of narcotic and psychotropic drugs and
other controlled substances, or which discourage the
investigation and prosecution of such acts; or
(ii) for a country that would not otherwise qualify for
certification under clause (i), the vital national interests of the
United States require that subsection (a) of this section not be
applied with respect to that country.
(B) A bilateral narcotics agreement referred to in subparagraph
(A)(i)(I) is an agreement between the United States and a foreign
country in which the foreign country agrees to take specific activities,
including, where applicable, efforts to--
(i) reduce drug production, drug consumption, and drug
trafficking within its territory, including activities to address
illicit crop eradication and crop substitution;
(ii) increase drug interdiction and enforcement;
(iii) increase drug education and treatment programs;
(iv) increase the identification of and elimination of illicit
drug laboratories;
(v) increase the identification and elimination of the
trafficking of essential precursor chemicals for the use in
production of illegal drugs;
(vi) increase cooperation with United States drug enforcement
officials; and
(vii) where applicable, increase participation in extradition
treaties, mutual legal assistance provisions directed at money
laundering, sharing of evidence, and other initiatives for
cooperative drug enforcement.
(C) A country which in the previous year was designated as a major
drug producing country or a major drug-transit country may not be
determined to be cooperating fully under subparagraph (A)(i) unless it
has in place a bilateral narcotics agreement with the United States or a
multilateral agreement which achieves the objectives of subparagraph
(B).
(D) If the President makes a certification with respect to a country
pursuant to subparagraph (A)(ii), he shall include in such
certification--
(i) a full and complete description of the vital national
interests placed at risk if action is taken pursuant to subsection
(a) of this section with respect to that country; and
(ii) a statement weighing the risk described in clause (i)
against the risks posed to the vital national interests of the
United States by the failure of such country to cooperate fully with
the United States in combating narcotics or to take adequate steps
to combat narcotics on its own.
(E) The President may make a certification under subparagraph (A)(i)
with respect to a major drug producing country or drug-transit country
which is also a producer of licit opium only if the President determines
that such country has taken steps to prevent significant diversion of
its licit cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consistent with
licit market demand, and prevents illicit cultivation and production.
(2) In determining whether to make the certification required by
paragraph (1) with respect to a country, the President shall consider
the following:
(A) Have the actions of the government of that country resulted
in the maximum reductions in illicit drug production which were
determined to be achievable pursuant to section 2291(e)(4) \1\ of
title 22? In the case of a major drug producing country, the
President shall give foremost consideration, in determining whether
to make the certification required by paragraph (1), to whether the
government of that country has taken actions which have resulted in
such reductions.
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\1\ See References in Text note below.
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(B) Has that government taken the legal and law enforcement
measures to enforce in its territory, to the maximum extent
possible, the elimination of illicit cultivation and the suppression
of illicit manufacturing of and trafficking in narcotic and
psychotropic drugs and other controlled substances, as evidenced by
seizures of such drugs and substances and of illicit laboratories
and the arrest and prosecution of violators involved in the traffic
in such drugs and substances significantly affecting the United
States?
(C) Has that government taken the legal and law enforcement
steps necessary to eliminate, to the maximum extent possible, the
laundering in that country of drug-related profits or drug-related
moneys, as evidenced by--
(i) the enactment and enforcement by that government of laws
prohibiting such conduct,
(ii) that government entering into, and cooperating under
the terms of, mutual legal assistance agreements with the United
States governing (but not limited to) money laundering, and
(iii) the degree to which that government otherwise
cooperates with United States law enforcement authorities on
anti-money laundering efforts?
(D) Has that government taken the legal and law enforcement
steps necessary to eliminate, to the maximum extent possible,
bribery and other forms of public corruption which facilitate the
illicit production, processing, or shipment of narcotic and
psychotropic drugs and other controlled substances, or which
discourage the investigation and prosecution of such acts, as
evidenced by the enactment and enforcement of laws prohibiting such
conduct?
(E) Has that government, as a matter of government policy,
encouraged or facilitated the production or distribution of illicit
narcotic and psychotropic drugs and other controlled substances?
(F) Does any senior official of that government engage in,
encourage, or facilitate the production or distribution of illicit
narcotic and psychotropic drugs and other controlled substances?
(G) Has that government investigated aggressively all cases in
which any member of an agency of the United States Government
engaged in drug enforcement activities since January 1, 1985, has
been the victim of acts or threats of violence, inflicted by or with
the complicity of any law enforcement or other officer of such
country or any political subdivision thereof, and has energetically
sought to bring the perpetrators of such offense or offenses to
justice?
(H) Having been requested to do so by the United States
Government, does that government fail to provide reasonable
cooperation to lawful activities of United States drug enforcement
agents, including the refusal of permission to such agents engaged
in interdiction of aerial smuggling into the United States to pursue
suspected aerial smugglers a reasonable distance into the airspace
of the requested country?
(I) Has that government made necessary changes in legal codes in
order to enable law enforcement officials to move more effectively
against narcotics traffickers, such as new conspiracy laws and new
asset seizure laws?
(J) Has that government expeditiously processed United States
extradition requests relating to narcotics trafficking?
(K) Has that government refused to protect or give haven to any
known drug traffickers, and has it expeditiously processed
extradition requests relating to narcotics trafficking made by other
countries?
(3) Subsection (a) of this section shall apply to a country without
regard to paragraph (1) of this subsection if the Congress enacts,
within 45 days of continuous session after receipt of a certification
under paragraph (1), a joint resolution disapproving the determination
of the President contained in that certification.
(4) If the President takes action under subsection (a) of this
section, that action shall remain in effect until--
(A) the President makes the certification under paragraph (1), a
period of 45 days of continuous session of Congress elapses, and
during that period the Congress does not enact a joint resolution of
disapproval; or
(B) the President submits at any other time a certification of
the matters described in paragraph (1) with respect to that country,
a period of 45 days of continuous session of Congress elapses, and
during that period the Congress does not enact a joint resolution of
disapproving the determination contained in that certification.
(5) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraphs (3) and (4)--
(A) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Ways and
Means shall be treated as highly privileged in the House of
Representatives; and
(B) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Finance
shall be treated as privileged in the Senate.
(c) Duration of action
The action taken by the President under paragraph (1), (2), or (3)
of subsection (a) of this section shall apply to the products of a
foreign country that are entered, or withdrawn from warehouse for
consumption, during the period that such action is in effect.
(d) Presidential action regarding aviation
(1)(A) The President is authorized to notify the government of a
country against which is imposed the sanction described in subsection
(a)(4) of this section of his intention to suspend the authority of
foreign air carriers owned or controlled by the government or nationals
of that country to engage in foreign air transportation to or from the
United States.
(B) Within 10 days after the date of notification of a government
under subparagraph (A), the Secretary of Transportation shall take all
steps necessary to suspend at the earliest possible date the authority
of any foreign air carrier owned or controlled, directly or indirectly,
by the government or nationals of that country to engage in foreign air
transportation to or from the United States, notwithstanding any
agreement relating to air services.
(C) The President may also direct the Secretary of Transportation to
take such steps as may be necessary to suspend the authority of any air
carrier to engage in foreign air transportation between the United
States and that country.
(2)(A) The President may direct the Secretary of State to terminate
any air service agreement between the United States and a country
against which the sanction described in subsection (a)(4) of this
section is imposed in accordance with the provisions of that agreement.
(B) Upon termination of an agreement under this paragraph, the
Secretary of Transportation shall take such steps as may be necessary to
revoke at the earliest possible date the right of any foreign air
carrier owned, or controlled, directly or indirectly, by the government
or nationals of that country to engage in foreign air transportation to
or from the United States.
(C) Upon termination of an agreement under this paragraph, the
Secretary of Transportation may also revoke the authority of any air
carrier to engage in foreign air transportation between the United
States and that country.
(3) The Secretary of Transportation may provide for such exceptions
from paragraphs (1) and (2) as the Secretary considers necessary to
provide for emergencies in which the safety of an aircraft or its crew
or passengers is threatened.
(4) For purposes of this subsection, the terms ``air
transportation'', ``air carrier'', ``foreign air carrier'' and ``foreign
air transportation'' have the meanings such terms have under section
40102(a) of title 49.
(e) Standards and guidelines for determining major drug-transit
countries
For each calendar year, the Secretary of State, after consultation
with the appropriate committees of the Congress, shall establish
numerical standards and other guidelines for determining which countries
will be considered to be major drug-transit countries under section
2495(3)(A) and (B) of this title.
(Pub. L. 93-618, title VIII, Sec. 802, as added Pub. L. 99-570, title
IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-164; amended Pub. L. 100-
204, title VIII, Sec. 806(a), Dec. 22, 1987, 101 Stat. 1398; Pub. L.
100-690, title IV, Sec. 4408, Nov. 18, 1988, 102 Stat. 4281; Pub. L.
101-231, Sec. 17(h)(1)-(4), Dec. 13, 1989, 103 Stat. 1965; Pub. L. 106-
36, title I, Sec. 1001(a)(8), June 25, 1999, 113 Stat. 131.)
References in Text
The Caribbean Basin Economic Recovery Act, referred to in subsec.
(a)(1), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384, as
amended, which is classified principally to chapter 15 (Sec. 2701 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of this title and
Tables.
Subsec. (e) of section 2291 of title 22, referred to in subsec. (b),
(2)(A), was repealed and subsec. (i) was redesignated (e) by Pub. L.
102-583, Sec. 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932.
Codification
In subsec. (d)(4), ``section 40102(a) of title 49'' substituted for
``section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App.
1301)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108
Stat. 1378, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation.
Amendments
1999--Subsec. (b)(1)(A). Pub. L. 106-36 substituted ``section 2291h
of title 22'' for ``section 2291(e) of title 22'' in introductory
provisions.
1989--Subsec. (b)(1)(A)(i)(IV). Pub. L. 101-231, Sec. 17(h)(1),
substituted ``illicit production'' for ``production''.
Subsec. (b)(1)(B)(iii). Pub. L. 101-231, Sec. 17(h)(2), substituted
``education and treatment programs'' for ``treatment''.
Subsec. (b)(1)(B)(v). Pub. L. 101-231, Sec. 17(h)(3), substituted
``essential precursor chemicals'' for ``precursor chemicals''.
Subsec. (b)(2)(D). Pub. L. 101-231, Sec. 17(h)(4), substituted
``illicit production'' for ``production''.
1988--Subsec. (b)(1). Pub. L. 100-690, Sec. 4408(a), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
``Subsection (a) of this section shall not apply with respect to a
country if the President determines and so certifies to the Congress, at
the time of the submission of the report required by section 2291(e) of
title 22, that during the previous year that country has cooperated
fully with the United States, or has taken adequate steps on its own, in
preventing narcotic and psychotropic drugs and other controlled
substances produced or processed, in whole or in part, in such country
or transported through such country, from being sold illegally within
the jurisdiction of such country to United States Government personnel
or their dependents or from being transported, directly or indirectly,
into the United States and in preventing and punishing corruption by
government officials and the laundering in that country of drug-related
profits or drug-related monies.''
Subsec. (b)(2). Pub. L. 100-690, Sec. 4408(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``In making the
certification required by paragraph (1), the President shall give
foremost consideration to whether the actions of the government of the
country have resulted in the maximum reductions in illicit drug
production which were determined to be achievable pursuant to section
2291(e)(4) of title 22. The President shall also consider whether such
government--
``(A) has taken the legal and law enforcement measures to
enforce in its territory, to the maximum extent possible, the
elimination of illicit cultivation and the suppression of illicit
manufacture of and traffic in narcotic and psychotropic drugs and
other controlled substances, as evidenced by seizures of such drugs
and substances and of illicit laboratories and the arrest and
prosecution of violators involved in the traffic in such drugs and
substances significantly affecting the United States;
``(B) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, the laundering in that
country of drug-related profits or drug-related monies, as evidence
by--
``(i) the enactment and enforcement of laws prohibiting such
conduct,
``(ii) the willingness of such government to enter into
mutual legal assistance agreements with the United States
governing (but not limited to) money laundering, and
``(iii) the degree to which such government otherwise
cooperates with United States law enforcement authorities on
anti-money laundering efforts; and
``(C) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, corruption by government
officials, with particular emphasis on the elimination of bribery.''
Subsec. (b)(3), (4). Pub. L. 100-690, Sec. 4408(b), substituted ``45
days'' for ``30 days'' wherever appearing.
Subsec. (e). Pub. L. 100-690, Sec. 4408(c), added subsec. (e).
1987--Subsec. (a)(4) to (6). Pub. L. 100-204, Sec. 806(a)(1), added
pars. (4) and (5) and redesignated former par. (4) as (6) and amended it
generally. Prior to amendment, par. (6) read as follows: ``take any
combination of the actions described in paragraphs (1), (2), and (3).''
Subsec. (b). Pub. L. 100-204, Sec. 806(a)(2), inserted ``corruption
by government officials and'' after ``preventing and punishing'' in par.
(1) and added par. (2)(C).
Subsec. (c). Pub. L. 100-204, Sec. 806(a)(3), inserted ``paragraph
(1), (2), or (3) of'' after ``under''.
Subsec. (d). Pub. L. 100-204, Sec. 806(a)(4), added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 2493, 2494 of this title.
