19 U.S.C. § 2494 — Progress reports

Page 714 TITLE 19—CUSTOMS DUTIES § 2493 Editorial Notes REFERENCES IN TEXT The Caribbean Basin Economic Recovery Act, re- ferred to in subsec. (a)(1), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 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 (b), (2)(A), was repealed and subsec.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 re- designated (e) by Pub. L. 102–583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. CODIFICATION In subsec. (d)(4), ‘‘section 40102(a) of title 49’’ sub- stituted for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion 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, § 17(h)(1), substituted ‘‘illicit production’’ for ‘‘production’’. Subsec. (b)(1)(B)(iii). Pub. L. 101–231, § 17(h)(2), sub- stituted ‘‘education and treatment programs’’ for ‘‘treatment’’. Subsec. (b)(1)(B)(v). Pub. L. 101–231, § 17(h)(3), sub- stituted ‘‘essential precursor chemicals’’ for ‘‘precursor chemicals’’. Subsec. (b)(2)(D). Pub. L. 101–231, § 17(h)(4), sub- stituted ‘‘illicit production’’ for ‘‘production’’. 1988—Subsec. (b)(1). Pub. L. 100–690, § 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 sub- mission of the report required by section 2291(e) of title 22, that during the previous year that country has co- operated 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, § 4408(a), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘In making the certification required by para- graph (1), the President shall give foremost consider- ation to whether the actions of the government of the country have resulted in the maximum reductions in il- licit drug production which were determined to be achievable pursuant to section 2291(e)(4) of title 22. The President shall also consider whether such govern- ment— ‘‘(A) has taken the legal and law enforcement meas- ures to enforce in its territory, to the maximum ex- tent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traf- fic in narcotic and psychotropic drugs and other con- trolled 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 pos- sible, the laundering in that country of drug-related profits or drug-related monies, as evidence by— ‘‘(i) the enactment and enforcement of laws pro- hibiting 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 other- wise cooperates with United States law enforce- ment authorities on anti-money laundering efforts; and ‘‘(C) has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent pos- sible, corruption by government officials, with par- ticular emphasis on the elimination of bribery.’’ Subsec. (b)(3), (4). Pub. L. 100–690, § 4408(b), sub- stituted ‘‘45 days’’ for ‘‘30 days’’ wherever appearing. Subsec. (e). Pub. L. 100–690, § 4408(c), added subsec. (e). 1987—Subsec. (a)(4) to (6). Pub. L. 100–204, § 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, § 806(a)(2), inserted ‘‘cor- ruption by government officials and’’ after ‘‘preventing and punishing’’ in par. (1) and added par. (2)(C). Subsec. (c). Pub. L. 100–204, § 806(a)(3), inserted ‘‘para- graph (1), (2), or (3) of’’ after ‘‘under’’. Subsec. (d). Pub. L. 100–204, § 806(a)(4), added subsec. (d). § 2493. Sugar quota Notwithstanding any other provision of law, the President may not allocate any limitation imposed on the quantity of sugar to any country which has a Government involved in the trade of illicit narcotics or is failing to cooperate with the United States in narcotics enforcement ac- tivities as defined in section 2492(b) of this title as determined by the President. (Pub. L. 93–618, title VIII, § 803, as added Pub. L. 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. 3207–165.) § 2494. Progress reports The President shall include as a part of the annual report required under section 2291h of title 22 an evaluation of progress that each major drug producing country and each major drug-transit country has made during the re- porting period in achieving the objectives set forth in section 2492(b) of this title. (Pub. L. 93–618, title VIII, § 804, as added Pub. L. 99–570, title IX, § 9001, Oct. 27, 1986, 100 Stat. 3207–166; amended Pub. L. 106–36, title I, § 1001(a)(9), June 25, 1999, 113 Stat. 131.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–36 substituted ‘‘section 2291h of title 22’’ for ‘‘section 2291(e)(1) of title 22’’. § 2495. Definitions For purposes of this subchapter— (1) continuity of a session of Congress is bro- ken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are ex- cluded in the computation of the period indi- cated; (2) the term ‘‘major drug producing country’’ means a country that illicitly produces during