Memorandum on Continuation of United States Drug Interdiction Assistance to the Government of Colombia
Issued 2016-08-04 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This presidential memorandum allows the United States to continue providing assistance to Colombia for stopping aircraft suspected of carrying illegal drugs. The action makes two official certifications: first, that stopping these aircraft in Colombian airspace is necessary because drug trafficking poses an extraordinary threat to Colombia's national security; and second, that Colombia has appropriate procedures in place to protect innocent lives during these operations, including effective ways to identify and warn aircraft before using force against them.
The memorandum directs the Secretary of State and Secretary of Defense to act on this determination. It operates under authority granted by Congress in the National Defense Authorization Act for Fiscal Year 1995. This type of certification is required by law before the United States can provide this specific kind of drug interdiction assistance to another country.
This action affects U.S. foreign assistance policy toward Colombia and the ongoing cooperation between the two countries in combating drug trafficking. By certifying that Colombia meets the required safety standards, the memorandum enables continued American support for Colombian efforts to intercept aircraft involved in the illegal drug trade.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Continuation of United States Drug Interdiction Assistance to the Government of Colombia") provides direction to executive branch agencies. The stated purpose: "against innocent loss of life in the air and on the ground in connection with such interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force is directed against the aircraft." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2016 Memorandum on Continuation of United States Drug Interdiction Assistance to the Government of Colombia August 4, 2016 Presidential Determination No. 2016–09 Memorandum for the Secretary of State and the Secretary of Defense Subject: Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia Pursuant to the authority vested in me by section 1012 of the National Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C. 2291–4), I hereby certify, with respect to Colombia, that: (1) interdiction of aircraft reasonably suspected to be primarily engaged in illicit drug trafficking in that country's airspace is necessary, because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and (2) Colombia has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with such interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force is directed against the aircraft. The Secretary of State is authorized and directed to publish this determination in the Federal Register and to notify the Congress of this det