ernment has accepted the terms of the exchange, and that an agreement has been reached to cancel the commercial debt in an agreed upon fashion.

(b) Grants made under this section are intended to complement, and not substitute for, assistance otherwise available to a foreign country under this Act or any other provision of law.

(c) The United States Government is prohibited from accepting title or interest in any land in a foreign country as a condition on the debt exchange.

Sec. 466.384 Pilot Program for Sub-Saharan Africa.-(a) The Administrator of the Agency for International Development, in cooperation with nongovernmental conservation organizations, shall invite the government of each country in sub-Saharan Africa to submit a list of those areas of severely degraded national resources which threaten human survival and well-being and the opportunity for future economic growth or those areas of biological or ecological importance within the territory of that country.

(b) The Administrator of the Agency for International Development shall assess the list submitted by each country under subsection (a) and shall seek to reach agreement with the host country for the restoration and future sustainable use of those areas.

(c)(1) The Administrator of the Agency for International Development is authorized to make grants, on such terms and conditions as may be necessary, to nongovernmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible sub-Saharan country in exchange for commitments by that government to restore natural resources identified by the host country under subsection (a) or for commitments to develop plans for sustainable use of such resources.

(2) Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in section (a) may retain, without deposit in the Treasury of the United States and without further appropriation by Congress, interest earned on the proceeds of any resulting debt-for-nature exchange pending the disbursements of such proceeds and interest for approved program purposes, which may include the establishment of an endowment, the income of which is used for such purposes.

Chapter 8-International Narcotics Control 385

SEC. 481.388 POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

(a) POLICY AND GENERAL AUTHORITIES.—

384 22 U.S.C. 2286. All sections in ch. 7 are misnumbered, as enacted by the International Development and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521). Should read "Sec. 476".

385 Chapter 8 was added by sec. 109 of the FA Act of 1971. See other legislation on international narcotics control in Legislation on Foreign Relations Through 1997, vol. I-B.

386 22 U.S.C. 2291. Sec. 1519(a) of the Housing and Community Development Act of 1992 (Public Law 102-550; 106 Stat. 4060) amended sec. 481 at subsec. (a) by redesignating former subpar. (E) as (F), and inserting a new (E).

Sec. 1519(b) of Public Law 102-550, furthermore, amended sec. 481(e) to require a report on major money laundering countries.

Sec. 4 of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914), however, substantially amended and restated sec. 481. Sec. 4(a) struck the section designation, section heading, and subsection (a), and restated these through subpar. (F).

Continued

(1) STATEMENTS OF POLICY.-(A) International narcotics trafficking poses an unparalleled transnational threat in today's world, and its suppression is among the most important foreign policy objectives of the United States.

(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traf fic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.

(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.

(D) 387 International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.

(E) 387 The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.

(F) 387 The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.

Chapter 8 was originally added by sec. 109 of the FA Act of 1971. See other legislation on international narcotics control in Legislation on Foreign Relations Through 1997, vol. 1-B. The original sec. 481 read as follows:

"It is the sense of the Congress that effective international cooperation is necessary to put an end to the illicit production, trafficking in, and abuse of dangerous drugs. In order to promote such cooperation, the President is authorized to conclude agreements with other countries to facilitate control of the production, processing, transportation, and distribution of narcotic analgesics, including opium and its derivatives, other narcotic drugs and psychotropics and other controlled substances as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513). Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of the production of, processing of, and traffic in, narcotic and psychotropic drugs. In furnishing such assistance the President may use any of the funds made available to carry out the provisions of this Act. The President shall suspend economic and military assistance furnished under this or any other Act, and shall suspend sales under the Foreign Military Sales Act and under title I of the Agriculture Trade Development and Assistance Act of 1954 with respect to any country when the President determines that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) 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 entering the United States unlawfully. Such suspension shall continue until the President determines that the government of such country has taken adequate steps to carry out the purposes of this chapter.".

Sec. 481(a) had been amended previously by sec. 503 of the Foreign Relations Authorization Act of 1972, sec. 11 of the FA Act of 1973, sec. 1003(a) of the Department of State Authorization Act, Fiscal Years 1984 and 1985, sec. 4502 of the International Narcotics Control Act of 1988, and sec. 17 of the International Narcotics Control Act of 1989.

387 Sec. 131(a)(1) of Public Law 104-164 (110 Stat. 1429) redesignated subparas. (D) through (F) as subparas. (E) through (G), and added a new subpara. (D).

(G) 387 Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs. (2) In order to promote such cooperation, the President is authorized to conclude agreements, including reciprocal maritime agreements, 388 with other countries to facilitate control of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other narcotic and psychotropic drugs, and other controlled substances.

(3) 389 In order to promote international cooperation in combating international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.

(4) 389 Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, or such terms and conditions as he may determine, for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes.390

(b) 391 COORDINATION OF ALL UNITED STATES ANTINARCOTICS AsSISTANCE TO FOREIGN COUNTRIES.

(1) RESPONSIBILITY OF SECRETARY OF STATE.-Consistent with subtitle A of title I of the Anti-Drug Abuse Act of 1988, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or trafficking.

(2) RULE OF CONSTRUCTION.-Nothing contained in this subsection or section 489(b) shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.392

(c) 393 PARTICIPATION IN FOREIGN POLICE ACTIONS.

(1) PROHIBITION ON EFFECTING AN ARREST.-No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect

388 Sec. 4(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4915) inserted", including reciprocal maritime agreements,".

389 Par. (3) was added by sec. 2017 of Public Law 99-570 (100 Stat. 3207-68). Sec. 2017 redesignated the previous par. (3) as par. (4).

300 Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added “, or for other anticrime purposes".

301 Sec. 4(c) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). Originally, subsec. (b) was added to sec. 481 by sec. 11(a) of the FA Act of 1973. This subsection has previously been amended and restated by sec. 17(b) of the International Narcotics Control Act of 1989, and sec. 604 of the International Security and Development Cooperation Act of 1985.

392 For text, see Legislation on Foreign Relations Through 1997, vol. II, sec. D.

393 Subsec. (c) was comprehensively amended and restated by sec. 15 of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1963). It had previously been restated by sec. 2009 of Public Law 99-570 (100 Stat. 3207-64). Subsec. (c), often referred to as the "Mansfield Amendment," was originally added by sec. 504(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 764).

to narcotics control efforts, notwithstanding any other provision of law.

(2) PARTICIPATION IN ARREST ACTIONS.-Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest.

CIR

(3) EXCEPTION FOR EXIGENT, THREATENING CUMSTANCES.-Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public.

(4) EXCEPTION FOR MARITIME LAW ENFORCEMENT.-With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters 394 of that country.

(5) INTERROGATIONS.-No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person.

(6) EXCEPTION FOR STATUS OF FORCES ARRANGEMENTS.-This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces Arrangements.

(d)395 USE OF HERBICIDES FOR AERIAL ERADICATION.—

394 Sec. 4(d) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4915) inserted "or archipelagic waters" after “sea”.

395 Subsec. (d), as added by sec. 4 of Public Law 95-384 (92 Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat. 702), amended by sec. 502(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538), and was further amended and restated by sec. 17(c) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964). Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the conditions under which funds appropriated prior to enactment of this amendment could be utilized generally, and specifically in the case of assistance for Colombia appropriated in fiscal year 1980. Subsection (d) previously read as follows:

"(d)(1) The Secretary of State shall inform the Secretary of Health and Human Services of the use or intended use by any country or international organization of any herbicide to eradicate marihuana in a program receiving assistance under this chapter.

“(2) The Secretary of Health and Human Services shall monitor the impact on the health of persons who may use or consume marihuana of the spraying of a herbicide to eradicate such marihuana in a program receiving assistance under this chapter, and if the Secretary determines that such persons are exposed to amounts of such herbicide which are harmful to their health, the Secretary shall prepare and transmit a report to the Congress setting forth such determination together with any recommendations the Secretary may have.

"(3) of the funds authorized to be appropriated for the fiscal year 1982 under section 482, the President is urged to use not less than $100,000 to develop a substance that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such person.

"(4) If the Secretary of Agriculture determines that a substance has been developed that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such persons, such substance shall be used in conjunction with the spraying of paraquat or such other herbicide in any program receiving assistance under this chapter.

"(5)(A) The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide in the aerial eradication of coca in order to determine the impact of such use on the environment and on the health of individuals.

(B) The President shall report on such impact in the annual report required by subsection (e).

"(C) If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Commit

(1) MONITORING.-The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.

(2) 396 ANNUAL REPORTS.-In the annual report required by section 489(a),397 the President shall report on the impact on the environment and the health of individuals of the use under this chapter of a herbicide for aerial eradication.

(3) REPORT UPON DETERMINATION OF HARM TO ENVIRONMENT OR HEALTH. If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs 398 of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.

(e) 399 DEFINITIONS.-For purposes of this chapter and other provisions of this Act relating specifically to international narcotics

matters

(1) the term "legal and law enforcement measures” means— (A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and

(B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;

(2) 400 the term "major illicit drug producing country" means a country in which

(A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;

tee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.".

396 Sec. 101(a) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4691) struck out para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3). Paragraph (2) formerly required that the Secretary of State inform the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency of the use or intended use by any country or international organization of any herbicide for aerial eradication in a program receiving assistance under this chapter.

387 Sec. 6(b)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) struck out "subsection (e)" and inserted in lieu thereof "section 489(a)".

388 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

399 Sec. 101(b)(1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out "Except as provided in sections 490(h) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for" as the opening clause of subsec. (e), inserting in lieu thereof "For". Previously, sec. 6(b)(3) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) amended and restated the opening sentence of subsec. (e). Subsec. (e) was originally added by sec. 1003(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1053).

400 Sec. 101(b)(2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447: 108 Stat. 4691) amended and restated para. (2), changing the measure of "major illicit drug producing country" from quantity of production to acreage devoted to production. Previously, sec. 17(e) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. (2), adding emphasis on illicit production.