International Narcotics Control Act of 1988

International Narcotics Control Act of 1988 - Title I: Latin American Regional Anti-Narcotics Force - Expresses the sense of the Congress concerning the need for a Latin American regional anti-narcotics force. Instructs the President to direct the U.S. representative to the Organization of American States (OAS) to consult with other member nations on the feasibility of establishing a Latin American regional anti-narcotics force and developing a comprehensive regional strategy for dealing with narcotics production and trafficking. Directs the President to call for a meeting of heads of state of member nations, if there is a positive response within OAS, to conclude an agreement for: (1) the establishment of such a force, with appropriate member contributions of personnel, training, equipment, and financial resources; and (2) the development of such a strategy.

Requires the President to direct the Secretary of Defense to provide appropriate assistance for the force. Authorizes appropriations. Requires the President to notify specified congressional committees not less than 15 days before obligating funds authorized under this title.

Expresses the sense of the Congress that the Assistant Secretary of State for International Narcotics Matters (Assistant Secretary) should: (1) seek the establishment of a regional anti-narcotics training center in the Caribbean; and (2) contribute funds or other resources and seek contributions from other countries to such a center.

Urges the President to seek the establishment of other regional anti-narcotics forces.

Title II: Foreign Assistance Programs - Subtitle A: Authorizations and Earmarkings of Assistance - Amends the Foreign Assistance Act of 1961 (FAA) to authorize FY 1989 appropriations for narcotics international control assistance to other countries and to international organizations. Sets a minimum expenditure level for the testing and use of safe, effective herbicides for aerial eradication of coca.

Makes available a portion of FY 1989 grant military assistance funds to arm, for defensive purposes, extant aircraft used in narcotic control eradication or interdiction efforts. Applies the standard 15 days' notice requirement to specified congressional committees in connection with this reprogramming.

Earmarks amounts from funds for international military education and training to be used solely for: (1) education and training involving equipment used in narcotics interdiction and eradication efforts in Latin America and the Caribbean; and (2) the expenses of deploying Department of Defense mobile training teams in a requesting country to conduct training in military-related skills to improve its tactical operations in narcotics interdiction. Limits this assistance to foreign law enforcement agencies or other units organized expressly for narcotics enforcement and to countries that meet criteria set out in this title.

Waives provisions that would prohibit the use of grant military assistance funds to procure weapons or ammunition for foreign law enforcement entities when they are organized specifically for narcotics enforcement in countries meeting the criteria of this title. Directs the President to report to the Congress within 15 days before funds are obligated for this type of assistance. Describes required report contents. Provides for human rights reporting with respect to countries authorized to receive assistance. Earmarks an amount to be available solely for assistance for countries in Latin America or the Caribbean.

Directs the President to reallocate funds withheld from countries failing to take adequate steps to halt illicit drug production or trafficking for use by countries that have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. Prescribes conditions to govern transfers among international narcotics control assistance funds and reprogramming of security assistance resulting from these reallocations.

Authorizes supplemental FY 1989 appropriations for activities to increase awareness of the effects of illicit narcotic production and trafficking on source and transit countries.

Subtitle B: Provisions Relating to Specific Countries - Urges the Assistant Secretary for International Narcotics Matters to pay greater attention, and provide more narcotics control assistance, to those countries that are drug-transit countries (but not major ones) cooperating with U.S. international narcotics control efforts. Earmarks a minimum FY 1989 amount to be available for their assistance.

Permits security assistance to Bolivia for FY 1989 only if the President certifies to the Congress that the Government of Bolivia has enacted specified types of legislation to eradicate illicit coca production.

Sets nonwaivable conditions that the Government of Bolivia must meet before the President may make the certification necessary to obligate and expend FY 1989 U.S. assistance funds suspended because of major illicit drug activities (certification).

Requires that project agreement documents for projects in Bolivia contain a clause calling for suspension of FY 1989 development assistance if the Government of Bolivia fails to keep project areas free of illicit coca cultivation.

Deletes a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that earmarked funds for narcotics interdiction and control programs for Bolivia.

Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Peru, to give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year.

Describes conditions that must be met before FY 1989 funds may be made available for the Agency for International Development's project in the Upper Huallaga Valley of Peru.

Limits FY 1989 international narcotics control assistance made available for Mexico. Withholds a portion of these funds until the President reports to the Congress the Mexican Government's compliance with conditions relating to the murder and torture of Drug Enforcement Administration (DEA) agents.

Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Mexico, to consider the Mexican Government's response to U.S. proposals to establish and implement a joint U.S.-Mexico airborne apprehension capability and air surveillance operations.

Encourages the Government of Mexico, upon ratification of the Mutual Legal Assistance Treaty with the United States, to furnish banking information pursuant to the treaty that would permit the successful U.S. investigation and prosecution of major narco-terrorists who use Mexican financial institutions to launder their profits.

Includes Colombia among the countries authorized to have more than six members of the U.S. armed forces assigned to carry out international security assistance programs.

Authorizes supplemental FY 1989 appropriations to be used exclusively for defense articles to the Colombian armed forces to support their anti-narcotics efforts.

Earmarks amounts to assist Colombia in providing protection against narco-terrorist attacks on judges, other government officials, and members of the press. Requires congressional notification at least 15 days before funds may be obligated.

Directs the President, in making determinations with respect to the certification necessary for assistance to Pakistan, to take into account the extent to which the Government of Pakistan is increasing specified anti-narcotics activities.

Directs the President to review and report to the Congress by December 31, 1988, on U.S. narcotics raw material policy, determining what options are available to reduce U.S. reliance on licit opium gum from foreign sources.

Directs the President to make a certification for FY 1989 with respect to India only if he determines that the Government of India has taken certain actions to curb illicit opium cultivation and production. Requires the President, if certification is made, to include a detailed report on what steps were taken and an estimate of the amount of licit opium still being diverted to the illicit market.

Expresses the sense of the Congress that: (1) the U.S. Government should pursue efforts to press the Government of Afghanistan, and work with the Mujahadeen, to reduce heroin production and trafficking in areas under their respective control and to encourage eradication, interdiction, and crop substitution in Afghanistan; and (2) an initiative should be developed which could be put in place as the Mujahadeen and successors to the present Kabul regime begin to exert greater civil authority.

Directs the President to: (1) prepare and transmit to the Congress quarterly reports containing determinations with respect to any involvement by the Government of Laos (and other governments in the region) in illicit drug production and trafficking. Describes required report contents, depending on the determinations reached.

Prohibits U.S. assistance to Laos and directs the U.S. representative to any multilateral development bank to vote to oppose any loan or other use of funds for the benefit of Laos, if the Government or any senior official of Laos is involved in illicit drug production or trafficking, unless the President certifies to the Congress that overriding vital national interests require the assistance and it would improve the prospects for cooperation with Laos in halting the flow of illegal drugs.

Subtitle C: Annual Report and Certification Process - Requires the President's annual report to the Congress pursuant to the FAA to: (1) express in numerical terms the maximum reductions in illicit drug production achievable during the next fiscal year; and (2) describe the U.S. assistance for the preceding fiscal year that was denied to each major illicit drug producing country and each major drug-transit country.

Requires certification to include the determination that a government has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials.

Establishes a timetable according to which the Secretary of State must establish numerical standards and other guidelines for determining which countries will be considered as major drug-transit countries for FAA purposes. Requires reports to appropriate congressional committees in connection with these standards and their modifications.

Revises the FAA definition of "bilateral narcotics agreement" for purposes of certifications made on or after March 1, 1989. Amends related FAA provisions to permit multilateral agreements as an alternative to bilateral ones.

Waives restrictions on FY 1989 U.S. assistance to any major drug-transit country if the President certifies to the Congress that: (1) significant drug-related money laundering is not occurring there with government knowledge or complicity; (2) the country previously was a major illicit drug producing country but has effectively eliminated illicit drug production during each of the preceding two years; and (3) the country is cooperating fully with the United States or has taken adequate steps on its own in satisfying specified anti-narcotics goals.

Revises procedures governing congressional review of presidential certifications associated with suspensions of U.S. assistance.

Repeals certain amendments to the FAA definition of "United States assistance."

Directs the President to report to the Congress annually, rather than biannually, listing each major illicit drug producing country and major drug-transit country. Includes this report in the required midyear report on international narcotics control activities and operations.

Subtitle D: Miscellaneous Provisions - Applies the standard reprogramming procedures of the FAA to any transfer by the U.S. Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the Government in connection with narcotics-related activity. Requires annual reports to the Congress regarding such transfers.

Expresses the sense of the Congress that suppression of international narcotics trafficking is among the most important U.S. foreign policy objectives.

Directs the President to take all reasonable steps to ensure that assistance under the FAA and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe: (1) has been convicted of a violation of, or a conspiracy to violate, any U.S. or foreign law relating to narcotics, psychotropic drugs, or other controlled substances; or (2) is or has been an illicit trafficker in any such substance. Requires the President to issue regulations, subject to congressional review, specifying steps to be taken in carrying out this provision.

Exempts from certain competitive procurement requirements the procurement of property or services for international narcotics control assistance on a case-by-case basis, with the Secretary's approval. Prohibits use of such exemption for procurement including more than 30 percent of funds available each fiscal year for such assistance.

Prohibits the use of narcotics control assistance funds to acquire real property for use by foreign military, paramilitary, or law enforcement forces.

Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with the sale of defense articles or services if the Secretary determines that the sale is to a democratic government for anti-narcotics purposes.

Corrects technical errors in the FAA and in the Anti-Drug Abuse Act of 1986.

Title III: Department of State Activities - Makes the Secretary of State responsible for coordinating all Government assistance to support international efforts to combat illicit narcotics production or trafficking.

Requires the Secretary to submit annual reports to the appropriate congressional committees. Describes required report contents. Allows reports to be classified to the extent necessary.

Amends the State Department Basic Authorities Act of 1956 to authorize appropriations, without fiscal year limitation, for use in paying rewards for information leading to the arrest or conviction of individuals for certain extraterritorial narcotics-related offenses.

Directs the Secretary to revoke the passport and other travel documents of any individual convicted of any violation of a Federal or State law involving controlled substances if the offense is a felony (or of the Bank Secrecy Act or the Money Laundering Act if the Secretary determines that the violation is related to illicit production of or trafficking in a controlled substance) and if, in committing the offense, the individual used a passport or other travel document or otherwise crossed an international border. Allows the Secretary to take such action if the offense involved is a misdemeanor.

Sets a ten-year (or, in the case of a misdemeanor, a five-year) period of ineligibility for a passport or other travel document from the date of conviction. Makes an exception for an individual's first conviction for a misdemeanor which involves only possession of a controlled substance. Permits exceptions in emergency circumstances or for humanitarian reasons.

Empowers the President, by regulation, to prescribe procedures for indicating an individual's drug law violations on passports, other travel documents, and identification papers used during immigration and customs inspections.

Authorizes appropriations for FY 1989 through 1991 for expenses of the Department of State in developing and implementing a machine readable visa system.

Directs the Secretary to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries.

Requires the Secretary and the Attorney General to jointly develop a model extradition treaty with respect to narcotics-related violations, a model mutual legal assistance treaty, and model comprehensive anti-narcotics legislation. Directs the Secretary to distribute these materials to each U.S. mission abroad and to report to the Congress within six months after enactment of this Act.

Expresses the sense of the Congress that Regional Security Officers and other security personnel at U.S. embassies and other civilian posts abroad should be directed to expand their investigative activities with respect to illicit drug use and trafficking by Government personnel and their dependents.

Urges the Secretary to permit the assignment of additional DEA agents to U.S. diplomatic missions in foreign countries where illicit narcotics production or trafficking is, or is likely to become, a significant problem.

Title IV: Annual Certification Procedures With Respect To Multilateral Development Financing, Trade, and Aviation - Establishes a certification procedure with respect to multilateral development bank (MDB) financing for major illicit drug producing and major drug-transit countries which is separate from the certification procedure applicable to bilateral assistance under the FAA.

Directs the Secretary of the Treasury, on March 1 of each year, to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, and the Asian Development Bank to vote against any loan or other utilization of funds to or for any major illicit drug producing or major drug-transit country, unless the President has certified to the Congress that: (1) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States or a multilateral agreement to prevent the illegal transportation, production, use, or sale of controlled substances and drug-related government corruption and money laundering in that country; or (2) the vital national interests of the United States require MDB financing for such country. Requires that the President include in any latter certification: (1) a full and complete description of the vital national interests placed at risk should MDB financing not be provided to such country; and (2) a statement weighing such risk against the risks posed to vital national interests by the failure of such country to combat narcotics. Lists factors to be considered by the President in determining whether such former certification shall be made, including whether actions of the country's government have resulted in maximum reductions in illicit drug production determined to be achievable under the FAA. Provides for congressional disapproval by joint resolution of the President's certifications.

Directs the Secretary of State: (1) to establish numerical standards and other guidelines for use each year in determining which countries will be considered to be major drug-transit countries; (2) by September 1 each year, to notify the appropriate congressional committees of the standards to be used; and (3) by October 1 each year, to notify the appropriate committees of the countries likely to be determined to be major drug-transit countries and the countries likely to be determined to be major illicit drug producing countries.

Makes conforming amendments to remove certification for MDB financing from the FAA.

Amends provisions of the Trade Act of 1974 regarding tariff treatment of products of, and other sanctions against, uncooperative major drug producing or drug transit countries to: (1) change the congressional review period within which the Congress may enact a joint resolution of disapproval of the President's certification from 30 days to 45 days; and (2) revise the criteria for cooperation to include satisfying the goals in agreement with the United States or a multilateral agreement to combat narcotics. Makes such amendments applicable with respect to any such certification made by the President on or after March 1, 1989.

Provides that a country which in the previous year was designated as a major drug producing or a major drug-transit country may not be determined to be cooperating fully under such Act unless it has in place a bilateral agreement or a multilateral agreement to combat narcotics. Provides for a waiver of otherwise applicable sanctions if the President certifies to the Congress that vital national interests require that sanctions not be applied.

Directs the Secretary of State to establish numerical standards and other guidelines for determining which countries shall be considered to be major drug-transit countries under such Act.