During any fiscal year, funds that would otherwise be withheld from obligation or expenditure under section 2291j of this title may be obligated or expended beginning October 1 of such fiscal year provided that:

(1) Report Not later than September 15 of the previous fiscal year the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug transit country or major illicit drug producing country as defined in section 2291(e) of this title.

In each report under paragraph (1), the President shall also—

(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts— (i) to adhere to its obligations under international counternarcotics agreements; and (ii) to take the counternarcotics measures set forth in section 2291h(a)(1) of this title; and

(B) include a justification for each country so designated.

In the case of a country identified in a report under paragraph (1) that is also designated under paragraph (2) in the report, United States assistance may be provided to such country in the subsequent fiscal year only if the President determines and reports to the appropriate congressional committees that—

(A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or

(B) subsequent to the designation being made under paragraph (2)(A), the country has made substantial efforts— (i) to adhere to its obligations under international counternarcotics agreements; and (ii) to take the counternarcotics measures set forth in section 2291h(a)(1) of this title.

In this section, the term “international counternarcotics agreement” means—

(A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or

(B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as— (i) the production, distribution, and interdiction of illicit drugs; (ii) demand reduction; (iii) the activities of criminal organizations; (iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence); (v) the extradition of nationals and individuals involved in drug-related criminal activity; (vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity; (vii) border security; (viii) money laundering; (ix) illicit firearms trafficking; (x) corruption; (xi) control of precursor chemicals; (xii) asset forfeiture; and (xiii) related training and technical assistance,

Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.

(A) Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.

(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the President may apply the procedures set forth in section 2291j(a) through (h) of this title during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug producing country as defined in section 2291(e) of this title.

(C) Nothing in this section shall affect the requirements of section 2291j of this title with respect to countries identified pursuant to section [1] clause (i) or (ii) of 2291h(a)(8)(A) of this title.

(6) Statutory construction Nothing in this section supersedes or modifies the requirement in section 2291h(a) of this title (with respect to the International Narcotics Control Strategy Report) for the transmittal of a report not later than March 1, each fiscal year under that section.

(7) Transition rule For funds obligated or expended under this section in fiscal year 2003, the date for submission of the report required by paragraph (1) of this section shall be at least 15 days before funds are obligated or expended.

(8) Effective date This section shall take effect September 30, 2002, and shall remain in effect thereafter unless Congress enacts subsequent legislation repealing such section.

(Pub. L. 107–228, div. A, title VI, § 706, Sept. 30, 2002, 116 Stat. 1424; Pub. L. 109–177, title VII, § 722(c), Mar. 9, 2006, 120 Stat. 269.)