Sec. 4. Designation of and actions with respect to foreign countries engaged in illicit trade in tobacco products or their precursors
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Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Attorney General, and the Secretary of the Treasury, shall— review the status of illicit trade in tobacco products or their precursors in each foreign country to determine whether— the country is a major source, point of transit, or consumer of illicit tobacco products or their precursors; or the country meets the criteria of subparagraph (A); and the government of the country has actively engaged in or knowingly profited from the illicit trade in tobacco products or their precursors; designate each foreign country that— meets the criteria of subparagraph
(A)of paragraph
(1)as a focus country for illicit trade in tobacco products or their precursors for purposes of providing assistance to the country under subsection (b); and meets the criteria of subparagraph
(B)of paragraph
(1)as a country of concern for illicit trade in tobacco products or their precursors for purposes of withholding United States development assistance and security assistance to the country under subsection (c); and submit to the appropriate congressional committees a report that includes— a list that identifies each foreign country designated as a focus country for illicit trade in tobacco products or their precursors under paragraph (2)(A); and a list that identifies each foreign country designated as a country of concern for illicit trade in tobacco products or their precursors under paragraph (2)(B). The Secretary of State, in coordination with the heads of other relevant United States departments and agencies and nongovernmental organizations where appropriate, is authorized to provide assistance to foreign countries designated as focus countries for illicit trade in tobacco products or their precursors under subsection (a)(2)(A) to improve the effectiveness of law enforcement to combat the illicit trade in tobacco products or their precursors. The Secretary of State, in coordination with the heads of other relevant United States departments and agencies, is authorized to establish and carry out programs to increase the capacity of law enforcement and customs and border security offices in foreign countries designated as focus countries for illicit trade in tobacco products or their precursors under subsection (a)(2)(A). The Secretary of State may not provide development assistance or security assistance to foreign countries designated as countries of concern for illicit trade in tobacco products or their precursors under subsection (a)(2)(B). The Secretary of State may waive the application of paragraph
(1)with respect to a foreign country described in paragraph
(1)if the Secretary determines and certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States. In this subsection: The term development assistance means assistance authorized under— chapter 1 or 10 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. or 2293 et seq.); or chapter 4 of part II of such Act ( 22 U.S.C. 2346 et seq.). The term security assistance means assistance authorized under part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2301 et seq.).
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Sec. 4
Designation of and actions with respect to foreign countries engaged in illicit trade in tobacco products or their precursors
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