spirator, or colluder with others in the illicit trafficking in any such substance.

(b) 573 REGULATIONS.-The President shall issue regulations specifying the steps to be taken in carrying out this section.

(c) CONGRESSIONAL REVIEW REGULATIONS.-Regulations issued pursuant to subsection (b) shall be submitted to the Congress before they take effect.

SEC. 488.574 LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND CONSTRUCTION OF FACILITIES.

(a) ACQUISITION OF REAL PROPERTY.

(1) PROHIBITION. -Funds made available to carry out this chapter may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces.

(2) EXCEPTION FOR CERTAIN LEASES. - Paragraph (1) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years.

(b) CONSTRUCTION OF FACILITIES.—

(1) LIMITATION.-Funds made available to carry out this chapter may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section 634A.

(2) EXCEPTION.-Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less than $750,000 under this chapter.

SEC. 489.575 REPORTING REQUIREMENTS.

(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.-Not later than March 1576 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Com

573 The Bureau of International Narcotics Matters, Department of State, issued regulations to implement sec. 487 in Public Notice 2840 (22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).

574 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) amended and restated sec. 488. It was originally added by sec. 4505 of the International Narcotics Control Act of 1988. Sec. 671(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1407), struck out subsec. (a)(3), which had required the Secretary of State to report to Congress at the end of each quarter on all leases entered into pursuant to para. (2).

575 22 U.S.C. 2291h. Added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).

Sec. 101(f)(1)(A) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out “FOR FISCAL YEARS 1993 AND 1994" from the section heading and inserted in lieu thereof "FOR FISCAL YEAR 1995". Sec. 1112(c)(1) of Public Law 104–66 (109 Stat. 707) struck out "FOR FISCAL YEAR 1995".

The original sec. 489 was added by sec. 4507 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4286). Sec. 4(f)2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the original sec. 489, and restated sec. 489, subsecs. (a) and (b), as sec. 484, subsecs. (c) and (d).

Subsec. (c) of this sec. was struck out by sec. 1112(c)(2) of Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d), redesignated as subsec. (c) by sec. 101(f)(1)(D) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692). Subsec. (c) formerly read as follows:

"(c) EFFECTIVE DATE OF SECTIONS.-This section applies only during fiscal year 1995. Section 489A does not apply during that fiscal year.".

576 Sec. 101(f)(1)(B)(1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "April 1" in subsec. (a), and inserted in lieu thereof "March 1".

mittee on Foreign Relations of the Senate, a report containing the following:

(1) For each country that received assistance under this chapter for either of the 2 preceding fiscal years, a report on 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.

(2)(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry).

(B) Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis.

(3) 577 The identity of those countries which are—

$77 Sec. 101(f)(1)(B)(ii) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out subpara. (B), and redesignated subparas. (C) and (D) as subparas. (B) and (C). Subpara. (B) formerly read as follows:

B) the significant direct or indirect sources of narcotics and psychotropic drugs and other controlled substances significantly affecting the United States;".

(A) major illicit drug producing countries or major drugtransit countries as determined under section 490(h);

(B) major sources of precursor chemicals used in the production of illicit narcotics; or

(C) major money laundering countries.

(4) In addition, for each country identified pursuant to paragraph (3), the following:

(A) A description of the plans, programs, and timetables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments achieved in accord with those plans.

(B) Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions.

(5) In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B), a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances.

(6) In addition, for those countries identified pursuant to paragraph (3)(C)

(A) which countries are parties to international agreements on a method for maintaining records of transactions of an established list of precursor and essential chemicals; (B) which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and

(C) which countries have enacted national chemical control legislation which would impose specific recordkeeping and reporting requirements for listed chemicals, establish a system of permits or declarations for imports and exports of listed chemicals, and authorize government officials to seize or suspend shipments of listed chemicals.

(7) In addition, for those countries identified pursuant to paragraph (3)(D) the following:

(A)(i) Which countries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived from illegal drug sales in the United States or that otherwise significantly affect the United States;

(ii) which countries identified pursuant to clause (i) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings; and (iii) which countries identified pursuant to clause (ii)—

(I) are negotiating in good faith with the United States to establish such a record-exchange mechanism,

or

(II) have adopted laws or regulations that ensure the availability to appropriate United States Government personnel and those of other governments of adequate records in connection with narcotics investigations and proceedings.

(B) Which countries

(i) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Financial Action Task Force, the policy directive of the European Community, the legislative guidelines of the Organization of American States, and other similar declarations; and

(ii) have entered into bilateral agreements for the exchange of information on money-laundering with countries other than the United States.

(C) Findings on each country's adoption of law and regulations considered essential to prevent narcotics-related money laundering. Such findings shall include whether a country has

(i) criminalized narcotics money laundering;

(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recording of large currency transactions at thresholds appropriate to that country's economic situation;

(iii) required banks and other financial institutions to maintain, for an adequate time, records necessary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering

cases;

(iv) required or allowed financial institutions to report suspicious transactions;

(v) established systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets;

(vi) enacted laws for the sharing of seized narcotics assets with other governments;

(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments investigating financial crimes related to narcotics; and

(viii) addressed the problem on international transportation of illegal-source currency and monetary in

struments. The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to address such obstacles, including the imposition of sanctions or penalties.

(b) ANNUAL REPORTS ON ASSISTANCE. —

(1) IN GENERAL.-At the time that the report required by subsection (a) is submitted each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the assistance provided or proposed to be provided by the United States Government during the preceding fiscal year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production or trafficking.

(2) INFORMATION TO BE INCLUDED.-Each report pursuant to this subsection shall

(A) specify the amount and nature of the assistance provided or to be provided;

(B) include, for each country identified in subsection (a)(3)(A), information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail

(i) the assistance provided or to be provided to such country by that agency, and

(ii) the assistance provided or to be provided to that agency by such country,

with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and

(Č) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and physical condition of each item of property transferred.

SEC. 490.579 ANNUAL CERTIFICATION PROCEDURES.

(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO MULTILATERAL DEVELOPMENT ASSISTANCE. —

578 Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66 (109 Stat. 707) repealed secs. 489A-Reporting Requirements Applicable After September 30, 1995-and 490A-Annual Certification Procedures After September 30, 1995. That section also amended the section catchlines of secs. 489 and 490, striking out "FOR FISCAL YEAR 1995" in each case. Sec. 489A was originally added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the heading originally read "Reporting Requirements Applicable After September 30, 1994.". Sec. 101(f)2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "1994" and inserted in lieu thereof "1995".

579 22 U.S.C. 2291j. Added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the heading originally read "ANNUAL CERTIFICATION PROCEDURES FOR FISCAL YEARS 1993 AND 1994.". Sec. 101(g)(1)(A) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "FOR FISCAL YEARS