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Mexico and Drug Certification in 1999: Consequences of Decertification (CRS Report for Congress)

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Release Date March 4, 1999
Report Number RL30080
Report Type Report
Authors K. Larry Storrs, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
Summary:

President Clinton certified, on February 26, 1999, that Mexico was fully cooperative in counter- narcotics efforts with the United States, setting in motion a 30-calendar-day period in which the Congress may review the President's decision. In recent years, congressional resolutions were advanced but not enacted to disapprove the President's certifications after President Clinton certified Mexico as a fully cooperative country. This report summarizes the drug certification procedures and indicates the types of U.S. assistance that would be suspended or exempted if Mexico were to be decertified. Under Sections 489-490 of the Foreign Assistance Act of 1961, as amended, the President is required to certify that a country has fully cooperated with U.S. counter-narcotics efforts to avoid sanctions, including the suspension of certain U.S. assistance, and the requirement that U.S. Representatives vote against loans for the country in multilateral development banks. The sanctions would also apply if the Congress, within 30 calendar days, passes a congressional resolution disapproving any presidential certification. However, any such congressional resolution would have to be presented to the President and would be subject to veto. Moreover, as indicated below, some types of assistance are exempted from suspension, and the President has special authorities to waive sanctions. With regard to bilateral assistance, the Clinton Administration is planning to provide $29.85 Million in standard foreign assistance and Department of Defense counter-drug assistance to Mexico in FY1999, including $15.9 million in anti-drug assistance, and $13.95 million in economic assistance programs. Because of exclusions for narcotics control assistance and certain economic assistance programs (some of which require notification to Congress), from $13.50 million to $28.85 Million of this assistance could be excluded from suspension if Mexico were decertified. Mexico may also receive other types of U.S. military and export assistance in FY1999, including Export- Import Bank financing, which is dependent upon sales and agreements. Export-Import Bank financing of up to $2 billion per year is the major category of all types of assistance which would be suspended in the event of decertification. Since such assistance was developed to finance and guarantee the sale of U.S. products, these suspensions would be harmful to U.S. exporters and sellers as well as to Mexican buyers. With regard to multilateral development bank lending, decertification would require the United States to vote against pending World Bank and Inter-American Development Bank loans for Mexico, amounting together to over $5 billion, but such votes might not affect lending levels significantly because the United States share of the vote is not sufficient to block approval of loans.