Page:United States Statutes at Large Volume 106 Part 6.djvu/367

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PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4925 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or "(B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(l) be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2). "(2) CONSIDERATIONS REGARDING COOPERATION.— In making the determination described in paragraph (I)(A), the President shall consider the extent to which the country has—

    • (A) met the goals and objectives of the United Nations

Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction; "(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and "(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts. "(3) INFORMATION TO BE INCLUDED IN NATIONAL INTEREST CERTIFICATION. — If the President makes a certification with respect to a country pursuant to paragraph (I)(B), the President shall include in such certification— "(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and "(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests oi 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. "(c) LICIT OPIUM PRODUCING COUNTRIES. —The President may make a certification under subsection (b)(l)(A) with respect to a major illicit drug producing country, or megor drug-transit country, that is a producer of licit opium only if the President determines that such countiy has taken adequate steps to prevent si^ificant 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. "(d) CONGRESSIONAL REVIEW.— Subsection (e) shall apply if, within 45 calendar days after receipt of a certification submitted under subsection (b) at the time of suomission of the report required by section 489(a), the Congress enacts a joint resolution disapprov-