Page:United States Statutes at Large Volume 106 Part 6.djvu/371

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PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4929 such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own.

    • (5) LICIT OPIUM PRODUCING COUNTMES. —The President

may make a certification under paragraph (I)(A) with respect to a xnajoT illicit drug producing country, or major drug-transit country, that is a producer of hcit opium only if the President determines that such country has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit market, maintains production and stockpiles at levels no higher than tiiose consistent with licit market demand, and prevents illicit cultivation and production. "(c) MATTERS TO BE CONSIDERED. —In determining whether to make the certification required by subsection (b) with respect to a country, the President shall consider the following: "(1) 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 489A(a)(2)(D)? In the case of a major illicit drug producing countr^r, the President shall give foremost consideration, in determining whether to make the determination required by subsection (b)(l)(A), to whether the government of that country has taken actions which have resulted in such reductions. "(2) 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 trafi&cking 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? "(3) Has that government taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, the laundenng in that country of drug-related profits or drug-related moneys, as evidenced by— "(A) the enactment and enforcement by that government of laws prohibiting such conduct; "(B) 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 "(C) uie degree to which that government otherwise cooperates with United States law enforcement authorities on anti-money laundering efforts? "(4) 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? "(5) Has that government, as a matter of ^vernment policy or practice, encouraged or facilitated the ilhcit production or distribution of narcotic and psychotropic drugs and other controlled substances?