§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

Summary

Authorized foreign officials may damage, disable, or destroy an aircraft in their own territory or airspace if they reasonably believe the plane is mainly being used for illegal drug trafficking and the U.S. President has, within the prior 12 months, told Congress that stopping planes is needed because drug trafficking is an extraordinary threat to that country and that the country has rules to protect innocent people and will try to identify and warn a plane before using force. U.S. officials may help those foreign actions. If the United States helps, people cannot sue the U.S. government or its employees for money or other relief over that help. By February 1 each year, the President must report to Congress on the previous year’s help. The report must list countries covered, explain the drug threat and the safety procedures they use (including training), describe the help given, and summarize any plane interceptions. Reports to congressional intelligence committees follow the submission date in section 3106 of title 50 and are unclassified but may have a classified annex. Definitions: interdict/interdiction — damage, disable, or destroy an aircraft; illicit drug trafficking — illegal trade in narcotics and controlled substances under international or the country’s own law; assistance — operational, training, intelligence, logistical, technical, and administrative help.