2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 32 - FOREIGN ASSISTANCE (§§ 2151 - 2443)
Subchapter I - INTERNATIONAL DEVELOPMENT (§§ 2151 - 2296f)
Part VIII - International Narcotics Control (§§ 2291 - 2291k)
Section 2291-4 - Official immunity for authorized employees and agents of United States and foreign countries engaged in interdiction of aircraft used in illicit drug trafficking

Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of a foreign country (including members of the armed forces of that country) to interdict or attempt to interdict an aircraft in that country's territory or airspace if—

(1) that aircraft is reasonably suspected to be primarily engaged in illicit drug trafficking; and

(2) the President of the United States has, during the 12-month period ending on the date of the interdiction, certified to Congress with respect to that country that—

(A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and

(B) the country has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force directed against the aircraft.

Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of the United States (including members of the Armed Forces of the United States) to provide assistance for the interdiction actions of foreign countries authorized under subsection (a) of this section. The provision of such assistance shall not give rise to any civil action seeking money damages or any other form of relief against the United States or its employees or agents (including members of the Armed Forces of the United States).

(1) Except as provided in paragraph (2), not later than February 1 each year, the President shall submit to Congress a report on the assistance provided under subsection (b) of this section during the preceding calendar year. Each report shall include for the calendar year covered by such report the following:

(A) A list specifying each country for which a certification referred to in subsection (a)(2) of this section was in effect for purposes of that subsection during any portion of such calendar year, including the nature of the illicit drug trafficking threat to each such country.

(B) A detailed explanation of the procedures referred to in subsection (a)(2)(B) of this section in effect for each country listed under subparagraph (A), including any training and other mechanisms in place to ensure adherence to such procedures.

(C) A complete description of any assistance provided under subsection (b) of this section.

(D) A summary description of the aircraft interception activity for which the United States Government provided any form of assistance under subsection (b) of this section.

(2) In the case of a report required to be submitted under paragraph (1) to the congressional intelligence committees (as defined in section 401a of title 50), the submittal date for such report shall be as provided in section 415b of title 50.

(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

For purposes of this section:

(1) The terms “interdict” and “interdiction”, with respect to an aircraft, mean to damage, render inoperative, or destroy the aircraft.

(2) The term “illicit drug trafficking” means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States is a signatory, or by the domestic law of the country in whose territory or airspace the interdiction is occurring.

(3) The term “assistance” includes operational, training, intelligence, logistical, technical, and administrative assistance.

(Pub. L. 103–337, div. A, title X, §1012, Oct. 5, 1994, 108 Stat. 2837; Pub. L. 107–108, title V, §503, Dec. 28, 2001, 115 Stat. 1405; Pub. L. 107–306, title VIII, §811(b)(6), Nov. 27, 2002, 116 Stat. 2425.)

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

2002—Subsec. (c)(1). Pub. L. 107–306, §811(b)(6)(A), substituted “Except as provided in paragraph (2), not later than” for “Not later than”.

Subsec. (c)(2), (3). Pub. L. 107–306, §811(b)(6)(B), (C), added par. (2) and redesignated former par. (2) as (3).

2001—Subsec. (a)(2). Pub. L. 107–108, §503(a), substituted “has, during the 12-month period ending on the date of the interdiction, certified to Congress” for “, before the interdiction occurs, has determined” in introductory provisions.

Subsecs. (c), (d). Pub. L. 107–108, §503(b), added subsec. (c) and redesignated former subsec. (c) as (d).

Functions of President under subsec. (c) of this section delegated to Secretary of State, see Memorandum of President of the United States, July 21, 2010, 75 F.R. 43795, set out as a note under section 5202 of this title.

The President made the determination required by subsec. (a)(2) of this section for the following countries:

Brazil.—Determination No. 2013–01, Oct. 11, 2012, 77 F.R. 65457.

Determination No. 2012–02, Oct. 14, 2011, 76 F.R. 70635.

Determination No. 2011–03, Oct. 15, 2010, 75 F.R. 75853.

Determination No. 2010–02, Oct. 16, 2009, 74 F.R. 54429.

Determination No. 2009–4, Oct. 15, 2008, 73 F.R. 62849.

Determination No. 2008–3, Oct. 16, 2007, 72 F.R. 61035.

Determination No. 2007–3, Oct. 16, 2006, 71 F.R. 65369.

Determination No. 2006–02, Oct. 16, 2005, 70 F.R. 62227.

Determination No. 2005–03, Oct. 16, 2004, 69 F.R. 62797.

Colombia.—Determination No. 2012–13, Aug. 10, 2012, 77 F.R. 50559.

Determination No. 2011–13, Aug. 10, 2011, 76 F.R. 53299.

Determination No. 2010–11, Aug. 10, 2010, 75 F.R. 67011, 68405.

Determination No. 2009–24, Aug. 13, 2009, 74 F.R. 42573.

Determination No. 2008–24, Aug. 15, 2008, 73 F.R. 54283.

Determination No. 2007–28, Aug. 16, 2007, 72 F.R. 50035.

Determination No. 2006–19, Aug. 17, 2006, 71 F.R. 51975.

Determination No. 2005–32, Aug. 17, 2005, 70 F.R. 50949.

Determination No. 2004–42, Aug. 17, 2004, 69 F.R. 52807.

Determination No. 2003–32, Aug. 18, 2003, 68 F.R. 50963.

Determination No. 95–7, Dec. 1, 1994, 59 F.R. 64835.

Peru.—Determination No. 95–9, Dec. 8, 1994, 59 F.R. 65231.