§2291–5 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Drug Enforcement Administration (DEA) may each year give or lease nonlethal equipment to foreign law enforcement so they can work together on stopping illegal drugs. The gear cannot be weapons or listed on the U.S. Munitions List under section 2778. No single item can be worth more than $100,000. The DEA must keep the equipment maintained and repaired. Before exporting any item, the DEA must send a written notice to the Senate Foreign Relations Committee and the House International Relations Committee, following the reprogramming notice rules in section 2394–1. Congress also says U.S. law enforcement in Mexico should have the same Vienna Convention diplomatic immunity as other diplomats at U.S. posts in Mexico, and that Mexican narcotics law enforcement in the United States should have the same diplomatic status as DEA staff in Mexico.

Title 22, §2291–5

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.

(2)(A)The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to section 2778 of this title.

(B)The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000.

(b)The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a).

(c)Before the export of any item authorized for transfer under subsection (a), the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.

(d)It is the sense of Congress that—

(1)all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and

(2)all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Western Hemisphere Drug Elimination Act, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§2291–5 Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities