MEMORANDUM OF JUSTIFICATION FOR USE OF SECTION 506(a)(2) SPECIAL AUTHORITY TO DRAW DOWN ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING

The President's national drug control strategy includes as a central element the need to increase the capability of foreign governments to interdict drugs en route through their countries, and thus reduce the flow of drugs into the United States. We propose to utilize section 506(a)(2) of the Foreign Assistance Act of 1961, as amended (FAA), to direct a drawdown of up to $75 million for FY 1996 from Department of Defense inventory and resources to provide articles, services, and training to be provided for anti-narcotics purposes to the Governments of Colombia, Venezuela, Peru, and the member states of the Regional Security System (RSS), which are: Antigua & Barbuda; Barbados; Dominica; Grenada; St. Kitts & Nevis; St. Lucia; and St. Vincent & the Grenadines.

The special authority of Section 506(a)(2) is reserved to the President. Section 506(a)(2)(B) provides that an aggregate value of not more than $150 million in any fiscal year of articles, services, and military education and training may be provided under section 506(a)(2)(A). Section 506(a)(2)(B) provides further that not more than $75 million may be provided from the drawdown from the inventory and resources of the Department of Defense; not more than $75 million may be provided for international narcotics control assistance (pursuant to chapter 8 of part I of the FAA); and not more than $15 million may be provided for POW/MIA activities to Vietnam, Laos, and Cambodia. To direct a section 506(a)(2) drawdown, the President must determine that to do so is "in the national interest of the United States." We would authorize the drawdown during fiscal year 1996, with the result that it would count against this year's ceilings, though it is anticipated that delivery would be completed thereafter.

Virtually all of the cocaine sold in this country is processed in or transits through Colombia. On March 1, 1996, the President made the difficult but necessary decision not to certify Colombia under the provisions of section 490 of the FAA, for failing at the highest levels to cooperate sufficiently with the United States in stemming the flow of drugs through Colombia into this country.

Despite this decision, those elements of the Government of Colombia (GOC) that are cooperating with us continue to need and deserve our support. These include the Colombian National Police (CNP) and those elements of the Colombian Armed Forces which directly support the counternarcotics effort. These forces are conducting exactly the types of programs we want to continue with the GOC, and which are important to the security interests of the United States.

The $40.5 million drawdown requested for Colombia would support Colombia's law enforcement, interdiction, and coca and opium poppy eradication programs. Specifically, we will provide to the CNP twelve utility helicopters; flight crew and ground police field gear, and rations; two C-26 surveillance/transport aircraft, communications equipment, training, and ammunition for use by the Police to defend themselves against heavily-armed narcotraffickers.

For the Colombian military, we would provide three armed Boston Whaler boats; six river patrol boats; one Utility Landing Craft; twenty UH-1H helicopter hulks for salvage parts; three C-26 surveillance/transport aircraft, spare parts for aircraft supporting counternarcotics operations, communications equipment, land navigation and troop field gear; utility vehicles, and training. Without this assistance for the Colombian counternarcotics forces, not only will important programs in progress grind to a halt, but our multi-million dollar counternarcotics infrastructure investment will suffer due to deterioration of equipment, training skills, and good will on the part of those elements of the CNP who put their lives on the line daily.

In March 1996, the President did not determine that it was in the vital national interests of the United States to continue Colombia's eligibility for all forms of bilateral assistance or its eligibility to receive support for multilateral development assistance. However, Colombia is still eligible for, and receiving, anti-narcotics assistance under chapter 8 of part I of the FAA, and remains eligible to receive assistance under the provisions of section 506(a)(2). Moreover, it would be consistent with our national program to take necessary steps to stem the flow of illegal drugs into this country.

Traffickers are making more and more use of Venezuelan national territory to move drugs out of Colombia -- and to move precursor chemicals in. The Government of Venezuela has asked us for help in increasing the capability of its armed forces to meet this increased threat to Venezuelan sovereignty -- and particularly for help in patrolling its immense river system and the porous Colombian border. We propose to furnish the Venezuelan Armed Forces and National guard with two 65-foot Coastal patrol boats, six river patrol boats, one Utility Landing Craft, communications gear, training, and spares where available. We will also provide Venezuela with two C-26 surveillance/transport aircraft. The total amount of counternarcotics assistance for Venezuela is $12.25 million.

USG support is also needed to help the countries of the Eastern Caribbean confront the shift in trafficking patterns resulting from the increased pressure and effectiveness of our evolving counterdrug efforts in Mexico. The Caribbean states face the enormous financial and organizational powers of the transnational drug cartels, based mostly in Colombia, which respect no boundaries. The security (military and police) forces of seven independent Eastern Caribbean countries -- Antigua & Barbuda, Barbados, Dominica, Grenada, St. Kitts & Nevis, St. Lucia, and St. Vincent & the Grenadines -- have joined to form the Regional Security System (RSS), with counternarcotics as one of its primary missions.

We would provide the countries comprising the RSS with two 65-foot ocean patrol boats, training, and secure communications for all member states of the RSS and police communications equipment within and between RSS nations for counterdrug operations. We would also provide to Barbados two C-26 fixed-wing aircraft for patrol/observation over water, as well as flight crew equipment. The total for the Eastern Caribbean countries is estimated to be $8.5 million.

We also need to support the counternarcotics efforts of the Government of Peru. In the past 18 months, the Government of Peru and the Peruvian Air Force have been active and aggressive partners of the U.S. in the counternarcotics battle. Peru's highly successful air interdiction program has caused traffickers to use surface routes to move cocaine base. We wish to build on that success by increasing Peru's ability to control key inland waterways and to better detect illegal drug movement. We will provide four C-26 surveillance / transport aircraft, as well as secure communications equipment. We will also furnish three river patrol craft to allow Peruvian security forces to begin to intercept the cocaine base which has moved to the rivers in response to air interdiction success. We are seeking a drawdown of up to $13.75 million.

Packing, crating, and transport costs are included in all country totals. In order to assure optimal reception of new equipment, delivery and integration teams will be included where appropriate.

We will pass aircraft title to the Governments of Colombia, Peru, Venezuela, and Barbados. Section 484(a)(1) of the FAA provides that aircraft "made available to a foreign country primarily for narcotics-related purposes ... shall be provided only on a lease or loan basis." Section 484(a)(2) provides that subsection (1) shall not apply to the extent that retention of title would be "contrary to the national interest of the United States," and if appropriate congressional committees are notified.

It would be contrary to our national interests to retain title in any of these cases. The Peruvian, Colombian, and Venezuelan Air Forces have proven themselves reliable partners during ongoing combined interdiction operations with the U.S. The Colombian National Police have been a reliable counterdrug ally, and responsible custodian of U.S.-supplied equipment for years. The member states of the RSS have a consistent record of using equipment effectively and of excellent cooperation in counterdrug efforts with the U.S.

Use of section (506)(a)(2) for anti-narcotics purposes requires 15-day prior notification to the Senate Foreign Relations Committee, the House International Relations Committee, and the Senate and House Appropriations Committees. Under Section 652A of the FAA, the President must notify the Speaker of the House and the Senate Foreign Relations Committee. Section 515 of the FY 1994 Foreign Operations Appropriations Act also requires a 15-day notification in accordance with "the regular notification procedures" of the appropriations committees. Notification regarding transfer of aircraft title is combined with the notifications required under section 506(a)(2).