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Order Code RL33828

Latin America and the Caribbean:Issues for the 110th Congress

Updated August 31, 2007

Mark P. Sullivan, CoordinatorSpecialist in Latin American Affairs

Foreign Affairs, Defense, and Trade Division

Colleen W. Cook, J. F. Hornbeck, Miranda Louise Jasper,Nelson Olhero, Clare M. Ribando, Connie Veillette,

and M. Angeles VillarrealForeign Affairs, Defense, and Trade Division


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Latin America and the Caribbean:Issues for the 110th Congress

Summary

Over the past two decades, the Latin America and Caribbean region has made

enormous strides in terms of political and economic development. Twelve countriesheld successful elections for head of government in 2006, including a close electionin Mexico. To date in 2007, the Bahamas held elections in May; elections arescheduled for Jamaica and Guatemala in September, Argentina in October, and aredue to be called in Trinidad and Tobago by October. Although the region overallexperienced an economic setback in 2002-2003, it has rebounded since 2004, mostrecently experiencing a growth rate over 5% in 2006. Despite this progress, severalnations face considerable challenges that affect U.S. interests and policy in theregion. These include persistent poverty, violent guerrilla conflicts, autocraticleaders, drug trafficking, increasing crime, and the rise of a new form of populism inseveral countries.

In the 110th Congress, legislative and oversight attention to Latin America andthe Caribbean has focused on continued counternarcotics efforts, especially in theAndean region; immigration reform (which stalled in June 2007) and increasedborder security, which have been key issues in relations with Mexico; efforts to dealwith threats to democracy and the rise of populism in such nations as Venezuela,Bolivia, and Ecuador; debate over the best means to foster political change inCommunist Cuba; trade issues, including the extension of Andean trade preferencesand potential consideration of implementing legislation for free trade agreements(FTAs); and continued efforts to support stability and poverty alleviation in Haiti.

Curbing the flow of illicit drugs from Mexico and South America into the

United States has been a key component of U.S. relations with Latin America foralmost two decades. Since 2000, the centerpiece of this policy has been the AndeanCounterdrug Initiative (ACI) aimed at supporting Colombia and its neighbors ineradicating the production of illicit drugs. From FY2000-FY2007, the United Statesprovided around $5.7 billion for the ACI.

In the trade arena, the United States signed FTAs with Colombia and Peru in2006, and with Panama in June 2007. In May 2007, the congressional leadership andthe Bush Administration had reached a bipartisan deal regarding the incorporationof enforceable labor and environmental provision into pending free trade agreements.The language was subsequently incorporated into the Panama agreement and into

amendments to the Peru agreement. Implementing legislation for both the Panamaand Peru agreements could be introduced and considered this fall. In late June 2007,Congress approved legislation extending Andean trade preferences until February2008.

This report provides an overview of U.S. relations with Latin America and theCaribbean and focuses on the role of Congress and congressional concerns. It willbe updated periodically. For further information, see the CRS products listed aftereach topic.


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Contents

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Conditions in the Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1U.S. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Regional Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6U.S. Foreign Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Andean Counterdrug Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8U.S. Trade Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Andean Trade Preferences Extension . . . . . . . . . . . . . . . . . . . . . . . . . 10U.S.-Peru Trade Promotion Agreement . . . . . . . . . . . . . . . . . . . . . . . . 10U.S.-Colombia Trade Promotion Agreement . . . . . . . . . . . . . . . . . . . 11U.S.-Panama Trade Promotion Agreement . . . . . . . . . . . . . . . . . . . . . 12Free Trade Area of the Americas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Migration Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Terrorism Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

HIV/AIDS in the Caribbean and Central America . . . . . . . . . . . . . . . . . . . . 18Gangs in Central America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Afro-Latinos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Trafficking in Persons in Latin America and the Caribbean . . . . . . . . . . . . 21

Country Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Bolivia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Brazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Colombia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Cuba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Ecuador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Guatemala . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Haiti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Nicaragua . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Panama . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Peru . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Venezuela . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

List of Figures

Figure 1. Map of Latin America and the Caribbean . . . . . . . . . . . . . . . . . . . . . . . 5


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1 This report draws from the various CRS reports listed after each topic. General sourcesused for this report include major newspapers covering the region, such as the MiamiHerald, New York Times, and Washington Post; country reports from the EconomistIntelligence Unit; articles from various daily, weekly, and monthly publications ofLatinNews.com; congressional hearings and reports; and reports, press releases, andcongressional budget justifications from such agencies as the State Department, the U.S.Agency for International Development, and the Office of the United States TradeRepresentative.

Latin America and the Caribbean:

Issues for the 110th

Congress

Overview1

Conditions in the Region

The Latin America and Caribbean region has made enormous strides over thepast two decades in political development, with all countries but Cuba having regularfree and fair elections for head of state. Despite this democratic progress, severalnations face considerable challenges that could threaten political stability, including

persistent poverty, violent guerrilla conflicts, autocratic leaders, drug trafficking,increasing crime, and the rise of radical populism. In some countries, weaknessesremain in the states ability to deliver public services, ensure accountability andtransparency, and advance the rule of law.

Twelve countries held successful elections for head of government in 2006:Chile, Costa Rica, Haiti, Peru, Colombia, Mexico, Guyana, Brazil, Ecuador,Nicaragua, Venezuela, and St. Lucia. In Mexico, the narrow official victory ofconservative candidate Felipe Caldern over leftist Andrs Lpez Obrador eliciteda dramatic response from Lpez Obrador who protested the electoral outcome.Presidents were reelected in four races Brazil, Colombia, Guyana, and Venezuela

and in five countries, former heads of government returned to power CostaRica, Haiti, Nicaragua, Peru, and St. Lucia. To date in 2007, elections were held inthe Bahamas in May and are expected in four additional countries: Jamaica(September 3), Guatemala (September 9), Argentina (October 28); and Trinidad andTobago (by October). (For a listing of recent and forthcoming elections, see CRSReport 98-684, Latin America and the Caribbean: Fact Sheet on Leaders andElections, by Mark P. Sullivan and Julissa Gomez-Granger.)

In terms of economic growth, while the Latin America and Caribbean regionoverall experienced a gross domestic product decline of 0.6% in 2002 and only amodest growth rate of 1.5% in 2003, the region rebounded with an estimated averagegrowth rate of 5.9% in 2004, surpassing even the most optimistic predictions.


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2 U.N. Economic Commission for Latin America and the Caribbean (ECLAC), PreliminaryOverview of the Economies of Latin America and the Caribbean, December 2006.

Countries that had suffered the deepest recessions in recent years Argentina,Uruguay, and Venezuela all experienced significant economic growth in 2004,and even per capita income for the region as a whole increased by more than 4%.Growth continued in 2005 at a rate of 4.5%, with Argentina, the DominicanRepublic, Grenada, Trinidad and Tobago and Venezuela all registering growth ratesover 8%. Only Guyana experienced an economic setback of 3% in 2005. For 2006,

The U.N. Economic Commission for Latin America and the Caribbean estimated agrowth rate of 5.3% for the region, with Antigua and Barbuda, Argentina, theDominican Republic, Trinidad and Tobago, and Venezuela leading the way withgrowth rates over 8%.2 (For information on development indicators in the region, seeCRS Report RS22657,Latin America and the Caribbean: Fact Sheet on Economicand Social Indicators, by Julissa Gomez-Granger.)

The Andean region still faces considerable challenges, including the rise ofpopulism in several countries. Colombia continues to be threatened by drugtrafficking organizations and by two left-wing guerrilla groups and a rightistparamilitary group, all of which, combined, have been responsible for thousands ofdeaths each year. The election of Bolivian indigenous leader Evo Morales asPresident in December 2005 complicated U.S. relations given Morales efforts todecriminalize coca growing. In Ecuador, Rafael Correa, a left-leaning U.S.-trainedeconomist won the November 2006 presidential elections and has vowed to reformEcuadors political system, renegotiate Ecuadors foreign debt, and reassert statecontrol over foreign oil companies operating in the country. Venezuela underPresident Hugo Chvez has been plagued by several years of political polarization,although Chvezs rule has been solidified since 2004 when he survived a recallreferendum. He won another six-year term decisively in early December 2006, inlarge part because windfall oil profits have allowed his government to boost socialspending significantly. In Peru, the presidential electoral victory in June 2006 offormer President Alan Garca over retired military officer Ollanta Humala, an

admirer of Hugo Chvez, eased U.S. concerns about the future of democracy in thecountry and the future of U.S.-Peruvian relations.

In Central America, countries such as El Salvador, Honduras, and Nicaraguaemerged from the turbulent 1980s and 1990s with democratic institutions morefirmly entrenched, yet violent crime is a major problem in all countries. Hondurasand Nicaragua are among the poorest countries in the hemisphere. While Guatemalahas made significant progress in improving the governments human rights policy,significant problems remain. The current campaign for the upcoming September 9,2007 elections has been marred by political violence, with over 40 deaths. InNicaragua, former President and Sandinista party leader Daniel Ortega won the

November 2006 presidential election. Observers are uncertain how his governmentwill proceed since his campaign vacillated between anti-U.S. rhetoric andreassurances that his government would respect private property, free trade policies,and work toward a cooperative relationship with the United States.


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The diverse Caribbean region, which includes some of the hemispheres richestand poorest nations, also faces significant challenges. The AIDS epidemic in theregion, where infection rates are among the highest outside of sub-Saharan Africa,has been a major challenge for economic and social development in several countries.Caribbean nations remain vulnerable to destruction by hurricanes and tropical stormsas demonstrated in the 2004 and 2005 hurricane seasons, and most recently with

Hurricane Dean in August 2007. Haiti the hemispheres poorest nation continues to be plagued by security problems, but for many observers, the newgovernment of President Ren Prval marks the beginning of a new era. Cubaremains a hardline communist state with a human rights situation that hasdeteriorated since 2003. In July 2006, Cuban leader Fidel Castros announcementthat he was temporarily ceding political power to his brother Ral in order to recoverfrom surgery prompted widespread speculation about the islands political future andthe future of U.S.-Cuban relations after Fidel. Now more than a year with Ral inpower, it appears clear that a permanent political succession in Cuba has occurred.

U.S. Policy

U.S. interests in Latin America and the Caribbean are diverse, and includeeconomic, political and security concerns. Geographic proximity has ensured strongeconomic linkages between the United States and the region, with the United Statesbeing the major trading partner and largest source of foreign investment for mostcountries in the region. Free trade agreements with Mexico and Canada, Chile, andCentral America and the Dominican Republic have augmented U.S. economiclinkages with the region. The region is also the largest source of migration, bothlegal and illegal, with geographic proximity and economic conditions in the regionbeing major factors in the migration. Curbing the flow of illicit drugs from Mexicoand South America into the United States has been a key component of U.S. relationswith Latin America for almost two decades. Latin American nations, largelyVenezuela and Mexico, supply the United States with just over one-third of itsimported oil, but there have been concerns about the security of the region as an oilsupplier because of Mexicos declining oil reserves and periodic threats byVenezuelas President to cut oil exports to the United States.

In the aftermath of the Cold War, U.S. policy interests in Latin America and theCaribbean shifted away from security concerns and focused more on strengthenedeconomic relations, but the September 2001 terrorist attacks in the United Statesresulted in security interests re-emerging as a major U.S. interest. As a result,bilateral and regional cooperation on anti-terrorism efforts have intensified. TheBush Administration has described the Caribbean region as Americas third border,

with events in the region having a direct impact on the homeland security of theUnited States. Cooperation with Mexico on border security and migration issues hasalso been a key component of the bilateral relationship.

In general, Administration officials set forth three priorities for the United Statesin Latin America and the Caribbean: promoting democracy; advancing free trade; and


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3 U.S. Department of State, Future Engagement and Partnership with Latin America, R.Nicholas Burns, Under Secretary for Political Affairs, November 20, 2006.

advancing poverty alleviation and social justice.3 As noted above, Latin America hasmade enormous strides in terms of political and economic development over the past25 years, with considerable U.S. support, but such conditions as persistent poverty,especially in Haiti, and the rise of populism in such countries as Venezuela, Bolivia,and Ecuador will continue to pose challenges for U.S. interests and policy in theregion. Fostering cooperation on such issues as drug trafficking, terrorism, crime,

and poverty reduction will remain key components of U.S. policy in the region.

In the 110th Congress, legislative and oversight attention to Latin America andthe Caribbean has been focusing on: continued counternarcotics efforts, especiallyin Mexico and the Andean region; potential immigration reform (although effortsstalled in June 2007) and increased border security; efforts to deal with threats todemocracy in such nations as Venezuela as well as the rise of populism in severalLatin American countries; debate over the best means to foster political change inCommunist Cuba; trade issues, including the potential consideration of several freetrade agreements with Colombia, Peru, and Panama; and continued efforts to supportstability and poverty alleviation in Haiti. The Congress is also maintaining anoversight interest in potential terrorist threats in Latin America, as well as efforts tocounter the trafficking of persons in the region, the rise of violent gangs in CentralAmerica, and continued efforts against HIV/AIDS in the Caribbean, where infectionrates in some countries are among the highest outside sub-Saharan Africa. Oversighthearings have also focused on such issues as poverty and inequality in the region, andthe significant increase in U.S. deportations to the region in recent years.


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Figure 1. Map of Latin America and the Caribbean


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Regional Issues

U.S. Foreign Assistance

The United States maintains a variety of foreign assistance programs in LatinAmerica and the Caribbean, including security assistance, counternarcotics,economic development, and trade capacity building programs. Aid to the regionincreased during the 1960s with the Alliance for Progress and during the 1980s withaid to Central America. Since 2000, U.S. assistance has largely focused oncounternarcotics especially in the Andean region.

Aid programs are designed to achieve a variety of goals, from poverty reductionto economic growth. Child Survival and Health (CSH) funds focus on combatinginfectious diseases and promoting child and maternal health. DevelopmentAssistance (DA) funds improvements in key areas such as trade, agriculture,education, the environment, and democracy in order to foster sustainableeconomic growth. Economic Support Funds (ESF) assist countries of strategic

importance to the United States and fund programs relating to justice sector reforms,local governance, anti-corruption, and respect for human rights. P.L. 480 foodassistance is provided to countries facing emergency situations, such as naturaldisasters. Counternarcotics programs seek to assist countries to reduce drugproduction, to interdict trafficking, and to promote alternative crop development.Foreign Military Financing (FMF) provides grants to nations for the purchase of U.S.defense equipment, services, and training.

U.S. support to counter the HIV/AIDS epidemic in the region is providedthrough programs administered by several U.S. agencies, although the U.S. Agencyfor International Development (USAID) is the lead agency in the international fight

against AIDS. The United States also provides contributions to multilateral efforts,such as the Global Fund to Fight AIDS, Tuberculosis, and Malaria.

The annual Foreign Operations Appropriations bills have been the vehicles bywhich Congress provides funding for, and sets conditions on, foreign assistanceprograms. In FY2006, aid levels to Latin America and the Caribbean comprisedabout 10% of the worldwide bilateral aid budget, or about $1.47 billion excludingfood aid. The regions share of the total budget has since fallen by one percent in theFY2007 aid allocation, and another percent in the proposed FY2008 budget.Appropriations for FY2007 were finalized late in the fiscal year (P.L. 109-289, asamended by P.L. 110-5 on February 15, 2007). Aid to Latin America for FY2007totals about $1.44 billion excluding food aid. Amounts requested for FY2008 wouldcontinue to reduce the ratio of assistance to Latin America, despite concernsexpressed by some Members of Congress about decreasing levels of aid to the region.The Administration contends that aid levels have not been cut when MillenniumChallenge Compacts are included. Current aid levels could increase as morecountries are deemed eligible for compacts. A restructuring of foreign aid programs,led by the newly created position of Director of Foreign Assistance at the StateDepartment, got underway in 2006.


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The FY2007 enacted level of $1.439 billion is 2% lower than FY2006. Thelargest decrease occurred in the Development Assistance Account, which sustainedan 8.5% reduction. The largest increase was for the Global HIV/AIDS Initiative (up42%). The Child Survival and Health Account was cut by 1.4%.

The FY2008 request for Latin America continues a downward trend, totaling

$1.37 billion, a nearly 5% decrease from FY2007, with major reductions in ChildSurvival and Health (down 22%), Development Assistance (down 18%), ForeignMilitary Financing (down 20%), and the Andean Counterdrug Initiative (down 32%),with a large increase proposed for Economic Support Funds (up 193%). The markedincrease in ESF and decrease in Andean Counterdrug Initiative (ACI) funds resultsfrom a proposed transfer of some ACI-related activities to the ESF account. On June22, 2007, the House passed the FY2008 State, Foreign Operations and RelatedPrograms Appropriations bill (H.R. 2764). The bill expressed concern withdecreasing levels of assistance to Latin America and the Caribbean. It alsosignificantly restructured aid to Colombia and other countries that receive AndeanCounterdrug Initiative funds. The Senate Appropriations Committee reported out itsversion of the bill on June 28. It also restructured aid to Colombia and renamed theAndean Counterdrug Initiative as Andean Programs.

The Millennium Challenge Account (MCA) is a new initiative that providessizable aid grants to a few low-income nations that have been determined, througha competitive process, to have the strongest policy reform records and where newinvestments are most likely to achieve their intended development results. In 2005,the Millennium Challenge Corporation (MCC) approved five-year compacts withHonduras ($215 million) and Nicaragua ($175 million), and in 2006 it approved afive-year compact with El Salvador ($461 million). Both Guyana and Paraguay havereceived threshold assistance from the MCC to help assist the countries becomeeligible for an MCC compact. Other Latin American or Caribbean nations could be

eligible to receive assistance in future years.

CRS Products

CRS Report RL32487, U.S. Foreign Assistance to Latin America and the Caribbean,coordinated by Connie Veillette.

CRS Report RL33337,Article 98 Agreements and Sanctions on U.S. Foreign Aid toLatin America, by Clare M. Ribando.

CRS Report RL34023, State, Foreign Operations and Related Programs: FY2008Appropriations, by Connie Veillette, and Susan B. Epstein.

CRS Report RL32427,Millennium Challenge Account, by Curt Tarnoff.

CRS Report RL33491,Restructuring Foreign Aid: The Role of the Director ofForeign Assistance in Transformational Development, by Connie Veillette.


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Andean Counterdrug Initiative

The Andean Counterdrug Initiative (ACI) is the primary U.S. program thataddresses counternarcotics and alternative development in the Andean region ofSouth America. The ACI supports Plan Colombia, a six-year plan developed by theColombian government in 1999 to combat drug trafficking and related guerrilla

activity. Some critics have argued that it has been ineffective in reducing drugproduction, while supporters claim that it has helped stabilize Colombia, a strongU.S. ally.

The ACI program is regional in nature because organizations in countriesbordering Colombia also produce and traffic in narcotics and because it is affectedby other cross-border issues. The ACI began in 2000, when Congress passedlegislation providing $1.3 billion in interdiction and development assistance (P.L.106-246) for Colombia and six regional neighbors: Bolivia, Peru, Ecuador,Venezuela, Brazil, and Panama. Funding for ACI from FY2000 through FY2007totaled approximately $5.7 billion.

For FY2007, the Administration requested $721.5 million for the ACI program,of which $65.7 million was proposed for the Critical Flight Safety Program, toupgrade aging aircraft. On June 9, 2006, the House passed H.R. 5522, the FY2007Foreign Operations Appropriations Act, that made significant changes to the wayforeign aid to Colombia is provided but largely approved the Administrationsrequest with regard to funding levels. The Senate Appropriations Committeereported its version of the Foreign Operations bill on June 29, 2006, which proposed$699.4 million for ACI, a decrease of $22 million. Both the House and Senate billsmaintained reporting requirements from previous appropriations bills. Congress didnot complete the Foreign Operations bill, instead passing three continuing resolutionsto maintain funding into 2007. The final CR (P.L. 109-289, as amended by P.L. 110-5) sets ACI funding at $722 million.

For FY2008, the Administration requested $442.8 million for ACI. Thisapparent decrease results from the decision to transfer alternative developmentprograms from the ACI account to the Economic Support Fund (ESF). The House-passed FY2008 State, Foreign Operations and Related Programs Appropriations bill,H.R. 2764, provided $312.5 million for ACI, a reduction of $130.4 million from therequest. The bill provides funding for economic development, alternativedevelopment and democratic institution building in the ESF and InternationalNarcotics Control and Law Enforcement (INCLE) accounts that had previously beenfunded from ACI. The bill realigns the ratio of security assistance to alternative

development from 76-24% to 56-44%. With regard to Colombia, the bill providesa total of $530.6 million from all accounts, with Foreign Military Financing (FMF)cut $30 million from the request. The bill requires the Secretary of State to certifythat certain human rights conditions have been met before 35% of funds can be madeavailable for aid to the Colombian Armed Forces. The Senate bill provided $415.1million for ACI, a reduction of $27.7 million from the request. Like the House, theSenate bill placed more emphasis on development assistance to Colombia rather thancounternarcotics. Colombia would see $560.7 million in assistance from a varietyof accounts under the Senate version.


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Supporters of U.S. policy argue that assistance to Colombia is necessary to helpa democratic government besieged by drug-supported leftist and rightist armedgroups. Assistance to Colombias neighbors, according to supporters, is meritedbecause of an increasing threat from the spillover of violence and drug productionfrom Colombia. While some critics agree with this assessment, they argue that U.S.assistance overemphasizes military and counter-drug assistance and provides

inadequate support for protecting human rights. Critics also assert that U.S.assistance is disproportionately targeted to eradication of crops and military trainingrather than to alternative development projects that could provide alternativelivelihoods for growers who voluntarily give up illicit crops.

For a broader discussion of Colombia beyond the ACI, see section onColombia below.

CRS Products

CRS Report RL33370,Andean Counterdrug Initiative (ACI) and Related FundingPrograms: FY2007 Assistance, by Connie Veillette.

CRS Report RL32250, Colombia: Issues for Congress, by Colleen Cook.

U.S. Trade Policy

Trade, as a critical component of commercial and foreign economic policy, hasbeen one of the most enduring and dynamic issues in U.S.-Latin American relations.U.S. trade policy has evolved over time, adjusting to changes in both U.S. interestsand altered circumstances and priorities in the region. When Latin Americancountries faced economic, social, and political upheaval in the 1970s and 1980s, theUnited States sought to support and influence the region with unilateral (one-way)trade preference programs intended to encourage export-led economic growth anddevelopment. By the 1990s, the rebound of economic growth and new-found interestin trade liberalization created an opening for U.S. trade policy to shift towardreciprocal free trade agreements (FTAs). Among the major differences with tradepreferences, FTAs are negotiated between parties, have more comprehensive, mutualobligations, and are permanent, not requiring periodic congressional renewal.

By implementing the North American Free Trade Agreement (NAFTA), the

U.S.-Chile FTA, and the Dominican Republic-Central America-United States FreeTrade Agreement (CAFTA-DR) still not ratified by Costa Rica countriesexchanged their unilateral trade preferences provided under the Generalized Systemof Preferences (GSP) and the Caribbean Basin Initiative (CBI) for reciprocal benefitsunder the FTAs. Currently, newly negotiated FTAs with Panama, Peru, andColombia present the same tradeoff with respect to unilateral preferences extendedto them under either the CBI or the Andean Trade Preference Act (ATPA). Thedecision to enter into an FTA with the United States often has been controversial, andfor those countries still uncommitted, the decision may be further complicated by thefact that key preferential arrangements are set to expire by the close of the 110th


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Congress and that their long-term renewal faces resistence by some key Members ofCongress. Their potential expiration puts additional pressure on those LatinAmerican countries not currently in an FTA with the United States to reconsider theoption in order to maintain preferential access to the U.S. market. Costa Rica, theCaribbean Community (CARICOM) countries, Ecuador, and Bolivia fall into thiscategory.

Three other important issues cut across U.S. trade policy initiatives in theregion. First, the proposed hemispheric-wide Free Trade Area of the Americas(FTAA) has stalled over disagreements between Brazil and the United States. TheBrazil-led Southern Common Market (Mercado Comn del Sur Mercosur) seemsto be expanding its customs union approach to regional integration as an alternativeto the U.S.-backed FTAA, particularly to countries with no trade preferences with theUnited States. It is in this context, as well as the lingering World Trade Organization(WTO) negotiations, that congressional consideration of the three recently concludedU.S. bilateral FTAs takes on added significance. Second, the expiration of TradePromotion Authority (TPA) means expedited legislative procedures typically usedto consider reciprocal trade agreement implementing legislation is no longeravailable for FTAs signed after July 1, 2007. Without a renewed TPA, the UnitedStates could be limited in its ability to move forward on future FTAs in the region.Third, the New Trade Policy for America, a set of principles developed jointly bycongressional leadership and the Bush Administration, has emerged as the basis forsignificant changes in labor and environmental provisions, among others, in theproposed FTAs with Peru, Panama, and Colombia.

Andean Trade Preferences Extension. The Andean Trade Preference Act(ATPA) extends special duty treatment to certain U.S. imports from Bolivia,Colombia, Ecuador, and Peru that meet domestic content and other requirements.ATPA was intended to promote export-led economic growth in the Andean region

and to encourage a shift away from the cultivation of illegal coca by supportingalternative crop production. The ATPA (Title II of P.L. 102-182) was enacted onDecember 4, 1991, and renewed and modified under the Andean Trade Promotionand Drug Eradication Act (ATPDEA; title XXXI of P.L. 107-210) on August 6,2002. Andean trade preferences were scheduled to end on December 31, 2006.Legislation was enacted late in the 109 th Congress to extend Andean tradepreferences until June 30, 2007. In late June 2007, the 110th Congress approved afurther extension of the ATPA for all four countries for eight additional months,until February 29, 2008 (H.R. 1830, P.L. 110-42). Further extension of the ATPAcould be considered in the second session of the 110 th Congress, although someMembers may be reluctant to support it given their concerns about actions of the

Bolivian and Ecuadorian governments.

U.S.-Peru Trade Promotion Agreement. On January 6, 2006, PresidentBush notified the Congress of his intention to enter into a free trade agreement withPeru. On April 12, 2006, the United States and Peru signed the U.S.-Peru TradePromotion Agreement (PTPA). The PTPA was signed in time to be considered byCongress under the 2002 Trade Promotion Authority (TPA), which expired on July1, 2007. TPA requires the President to submit formally the draft agreement andimplementing legislation to Congress after entering into the agreement, but with notime limit to do so. Implementing legislation has not been introduced in the 110th


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4 Bureau of National Affairs, Five Democratic Lawmakers Blast Proposed Colombia FTADue to Violence,International Trade Reporter, June 14, 2007.

Congress, but is expected in September 2007. The Peruvian Congress alreadyapproved the PTPA on June 28, 2006 by a vote of 79 to 14. U.S. congressionalaction on the PTPA was postponed in part to allow congressional leadership and theBush Administration to develop new text for the labor and environment chaptersbased on principles set forth in the New Trade Policy for America. On May 10,2007, Congress and the Administration reached an agreement on a new bipartisan

trade framework that calls for the inclusion of core labor and environmentalstandards in the text of pending and future trade agreements. On June 25, 2007, theUnited States reached an agreement with Peru on the legally binding amendments tothe PTPA to reflect the bipartisan agreement of May 10. Two days later, PerusCongress voted 70 to 38 in favor of the amendments to the PTPA.

A PTPA would likely have a small net economic effect on the United Statesbecause of the small size of Perus economy. In 2006, Peru had a nominal GDP of$93 billion, approximately 0.7% the size of the U.S. GDP of $13.2 trillion. TheUnited States currently extends duty-free treatment to selected imports from Peruunder the Andean Trade Preferences Act (ATPA), a regional trade preferenceprogram that expires at the end of February 2008. In 2006, 54% of all U.S. importsfrom Peru received preferential duty treatment under ATPA. U.S. imports from Peruaccount for 0.3% of total U.S. imports, and U.S. exports to Peru account for 0.3% oftotal U.S. exports. The U.S. trade deficit with Peru was $3.24 billion in 2006. Themajor U.S. import from Peru is gold, followed by refined copper, and petroleum lightoils, while the leading U.S. exports to Peru are gasoline, transmission apparatus, andoffice and data processing machinery parts.

U.S.-Colombia Trade Promotion Agreement. On August 24, 2006,President Bush notified Congress of his intention to enter into the U.S.-ColombiaTrade Promotion Agreement (CTPA), and both parties subsequently signed the FTAon November 22, 2006. The CTPA implementing legislation, should it be

introduced, will likely be considered under expedited procedures as defined in TPA.Changes to bilateral free trade agreements made according to language developed inthe New Trade Policy for America (see above) would also likely apply to theCTPA, as it would for the FTAs with Panama and Peru. The Colombia agreement,however, presents some additional unique challenges for Congress. The mostcontroversial issue is the ongoing violence against trade unionists in Colombia.Some Members of Congress have voiced strong concern over the lack of action onthe part of the Colombian government and want to see stronger measures taken toinvestigate the murders before agreeing to an FTA. Colombian President AlvaroUribe has stated that he is willing to take the necessary steps to address theseconcerns in order to obtain congressional support for the agreement.4

A CTPA would likely have a have a small net economic effect on the UnitedStates because of the relatively small size of Colombias economy. Colombias grossdomestic product (GDP) in 2006 was $132 billion, approximately one percent of U.S.GDP ($13.2 trillion in 2006). The United States currently extends duty-freetreatment to selected imports from Colombia under the ATPA, a regional trade


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preference program that expires at the end of February 2008. In 2006, 52% of allU.S. imports from Colombia received preferential duty treatment under this program.In the absence of a CTPA, and if the ATPA is not renewed, many Colombianproducts entering the U.S. market will be subject to higher duties. The U.S. tradedeficit with Colombia was $3 billion in 2006. The dominant U.S. import fromColombia is crude oil, followed by coal, and coffee, while the leading U.S. export

items are corn (maize), automatic data processing machine parts and accessories, andvinyl chloride.

U.S.-Panama Trade Promotion Agreement. On June 28, 2007,representatives of the United States and Panama signed a free trade agreement (FTA)after two and a half years and ten rounds of negotiations. Negotiations were formallyconcluded on December 16, 2006, with an understanding that further changes tolabor, environment, and intellectual property rights (IPR) chapters would be madepursuant to detailed congressional input. These changes were agreed to in late June2007, clearing the way for the proposed FTAs signing in time to be considered underthe expiring TPA.

The proposed U.S.-Panama FTA incorporates changes based on principlesoutlined in the New Trade Policy for America, which requires that both countriesadopt as fully enforceable commitments the five basic labor rights defined in theUnited Nations International Labor Organizations (ILO) Fundamental Principlesand Rights at Work and its Follow-up (1998) Declaration , numerous multilateralenvironmental agreements (MEAs), and pharmaceutical IPR provisions thatpotentially may hasten Panamas access to generic drugs. Panamas legislatureratified the FTA 58 to 4 on July 11, 2007. The U.S. Congress may take upimplementing legislation as early as September 2007.

The U.S. trade surplus with Panama was $2.3 billion in 2006. Major U.S.

exports to Panama include oil and mostly capital- and technology-intensivemanufactured goods such as aircraft, pharmaceuticals, machinery, medicalequipment, and motor vehicles. U.S. imports from Panama include seafood, repairedgoods, gold, sugar, and coffee. Panama, however, is largely a services-basedeconomy, which distinguishes it, and the trade negotiations with the United States,from those of its Central American neighbors. The proposed U.S.-Panama FTA isa comprehensive agreement similar to other bilateral FTAs entered into by the UnitedStates. Some 88% of U.S. exports would become duty free right away, withremaining tariffs phased out over a ten-year period. Nearly half of U.S. farm exportsto Panama would achieve duty-free status immediately, with many products restrictedby tariff-rate quotas. Tariffs on other farm products are phased out over 16 years.

The FTA includes provisions for services trade, telecommunications, intellectualproperty rights, labor, environment, and government procurement, while providingsupport for trade capacity building. The two countries also signed a detailed bilateralagreement to resolve SPS market access issues.

Free Trade Area of the Americas. The proposed FTAA was originallyconceived over 10 years ago as a regional (presumably WTO-plus) trade agreementthat would include 34 nations of the Western Hemisphere. Since then, three draftsof an incomplete agreement have been released, but the original January 2005 datefor signing it has long since passed. At the center of the delay are deep differences


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dividing the United States and Brazil, the co-chairs of the Trade NegotiatingCommittee, which is charged with defining the framework under which the FTAAnegotiations can continue. The United States and Brazil agreed at the November2003 Miami Ministerial to a two-tier approach that would include a set of commonrights and obligations to which all countries would agree, augmented by optionalplurilateral arrangements for countries wishing to make deeper reciprocal

commitments. To date, the United States and Brazil have been unable to define howthis two-tier concept would work, and the United States has declined Brazils offerto move ahead with the 4+1 market access talks with the Mercosur (SouthernCommon Market) countries (Brazil, Argentina, Uruguay, Paraguay, and as of July 1,2006, Venezuela).

The breadth of an emerging resistence to the FTAA became clearer at the fourthSummit of the Americas held on November 4-5, 2005, in Mar del Plata, Argentina.Amid dramatic and sometimes violent protests against President George W. Bush andthe FTAA, which was not scheduled as the major topic of this summit, it becameclear that Latin American and Caribbean countries were divided over how to proceed.A total of 29 countries supported restarting negotiations, and the United Statespushed to set a specific date in 2006. The Mercosur countries rejected this idea,arguing that the conditions for a balanced and equitable FTAA did not yet exist.Venezuela lobbied independently to end any further effort on the FTAA and calledfor a unified resistence against U.S. policies and presence in Latin America. On July4, 2006, Venezuela formally joined Mercosur as its first new full member since itsinception in 1991. Although Mercosur has collectively resisted the FTAA,Venezuela is the only country in Latin America to reject the idea unequivocally.With Venezuelas new-found status as a member of Mercosur, the United States mayfind it even more difficult to isolate its unabashedly negative influence on the FTAAnegotiations.

The Summit Declaration called for time to reflect on the problems of the FTAAprocess while awaiting the outcome of the WTO Doha Round, particularly withrespect to agricultural issues. Given that the WTO talks have also bogged down, itseems unlikely that the FTAA will find the support needed to move ahead in the nearfuture, particularly with Venezuela now potentially influencing policy in theMercosur group. In the meantime, both Brazil and the United States are meeting onan informal bilateral basis and continue to court other Latin American countries tojoin them in their respective subregional trade pacts, reinforcing the significance ofU.S. trade initiatives as a key element of U.S. foreign policy in the region.


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CRS Products

CRS Report RL32540, The U.S.-Panama Free Trade Agreement, by J. F. Hornbeck.

CRS Report RS22419, U.S.-Colombia Trade Promotion Agreement, by AngelesVillarreal.

CRS Report RS22391, U.S.-Peru Trade Promotion Agreement, by Angeles Villarreal.

CRS Report RL33951, U.S. Trade Policy and the Caribbean: From TradePreferences to Free Trade Agreements, by J. F. Hornbeck.

CRS Report RL31870, The Dominican Republic-Central America-United States FreeTrade Agreement (CAFTA-DR), by J. F. Hornbeck.

CRS Report RS20864,A Free Trade Area of the Americas: Status of Negotiations andMajor Policy Issues, by J. F. Hornbeck.

CRS Report 98-840, U.S.-Latin America Trade: Recent Trends, by J. F. Hornbeck.

Migration Issues

Latin America, followed by Asia, is the leading source of both legal and illegalmigration to the United States. The overwhelming majority of Latin Americanimmigrants come from Mexico, Central America, and the Caribbean. Factorscontributing to Latin American migration to the United States include family ties,poverty, a shortage of good jobs, and proximity to the United States. Latin Americangovernments, most notably Mexico under President Vicente Fox, lobbied for

comprehensive immigration reform in the United States and the creation of a guestworker program that would normalize the status of illegal migrant workers andfacilitate circular migration patterns so that workers return to their countries of origin.The 109th Congress considered immigration reform, but did not enact anycomprehensive reform measures. Latin American nations were disappointed by thefailure of immigration reform in the 109th Congress and the approval of a borderfence along 700 miles of the U.S.-Mexico border. After President Bush signed theSecure Fence Act of 2006 (P.L. 109-367), Mexico, with the support of 27 othernations, denounced the proposed border fence at the Organization of AmericanStates.

In the 110th Congress, immigration reform became stymied in June 2007 whenthe Senate failed to invoke cloture and limit debate on two comprehensive reformmeasures, S. 1348 (Reid) and S. 1639 (Kennedy). While the House held severalhearings on immigration reform, the Senates action made it unlikely that the Housewould take up any comprehensive reform on its own. President Bush had expressedsupport for comprehensive immigration reform including increased border security,a guest worker program, and the normalization of status of some of the estimated 12million illegal immigrants.


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5 Pew Hispanic Center, The Size and Characteristics of the Unauthorized MigrantPopulation in the U.S., by Jeffrey Passel, March 7, 2006.

6 Mexico-U.S.: Migration and Border Security, Embassy of Mexico, February 2006.

7 Dianne Solis and Laurence Iliff, $23 Billion Sent to Mexico in 06, Dallas MorningNews, February 1, 2007.

8 Cenbank: Remittances Reach US$3.3 bn in 2006,Business News Americas , January 22,2007.

Mexico is the largest source of legal migrants to the United States and is alsobelieved to be the largest source of illegal immigrants. According to the PewHispanic Center, undocumented Mexican migrants accounted for 56% of theestimated 11.5 to 12 million illegal immigrants in the United States in 2005. 5 InFebruary 2006, the Mexican Congress approved a concurrent resolution on migrationand border security in which Mexico acknowledges that its workers will continue to

emigrate until there are more opportunities in Mexico. The resolution also acceptsthe need to revisit its migration policies to consider enforcement of its northern andsouthern borders, enforcement of Mexican immigration laws that respects the humanrights of migrants, and the need to combat human trafficking. Perhaps most relevant,the Mexican resolution states that the Mexican government does not promote illegalmigration and calls for the development of a guest worker program in the UnitedStates under the principle of shared responsibility. The resolution commits Mexicoto enforcing legal emigration if a guest country offers a sufficient number ofappropriate visas to cover the biggest possible number of workers and their families,which, until now cross the border without documents because of the impossibility ofobtaining them.6

Mexico benefits from illegal migration in at least two ways: (1) it is a safetyvalve that dissipates the political discontent that could arise from higherunemployment in Mexico; and (2) it is a source of remittances by workers in theUnited States to families in Mexico, estimated to be $23 billion in 2006.7 PresidentCaldern announced the creation of a new jobs program in January 2007 in an effortto boost Mexican development and decrease migration pressures.

In recent years, several Latin American economies have benefitted fromremittances received from workers in the United States, motivating diplomats to pushfor immigration reform that will protect the status of their nationals in the UnitedStates and in other receiving countries. In 2006, migrants sent an estimated $60

billion to their home countries, with Mexico, Colombia, and Brazil receiving thelargest amounts of remittances. The Inter-American Development Bank (IDB)estimates that remittances from the United States have grown 51% since 2004.Remittances to El Salvador in 2006 were the equivalent of almost 18% of thatcountrys gross domestic product.8

In addition to concerns over immigration reform, El Salvador, Honduras, andNicaragua advocate for extensions of their eligibility for temporary protected status(TPS). TPS is a discretionary, humanitarian benefit granted to eligible nationals afterthe Secretary of Homeland Security determines that a country has been affected byongoing armed conflict, natural disaster, or other extraordinary conditions that limit


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9 These are formal deportations, consisting of those who are placed in removal proceedings,and do not include voluntary departures. For more information see CRS Report RL33351,Immigration Enforcement Within the United States , coordinated by Alison Siskin.

the affected countrys ability to accept the return of its nationals from the UnitedStates. Honduras and Nicaragua were designated for TPS in January 1999 inresponse to devastation from Hurricane Mitch. U.S. Citizenship and ImmigrationServices (USCIS) estimates that 75,000 Hondurans and 4,000 Nicaraguans benefitfrom TPS. In May 2007, the Secretary of Homeland Security announced anextension of TPS for Honduras and Nicaragua through January 5, 2009. El Salvador

was previously designated for TPS from 1990 to 1992 in accordance with Section303 of the Immigration Act of 1990 which established TPS. It was again designatedin March 2001 following a series of earthquakes in January 2001. USCIS estimatesthat 225,000 Salvadorans benefit from TPS. The Department of Homeland Securityrecently extended El Salvador's TPS designation through March 9, 2009.

Another issue in U.S. relations with Latin America and the Caribbean is theincrease in deportations in recent years. U.S. deportations to the region constitute theoverwhelming majority of U.S. deportations worldwide.9 In FY2006, for example,the Department of Homeland Security deported almost 197,000 aliens worldwide,with almost 188,000 of those, or 95%, going to Latin American and Caribbean

countries. Overall in FY2006, some 45% of those deported to Latin America and theCaribbean were removed based on a criminal conviction. For a number of countries,particularly in the Caribbean, a majority of those deported were removed on criminalgrounds. In Mexico, one of the major concerns about the increase in deportations isthe stress that it has put on border communities, where a majority of the deporteesarrive. In the Caribbean and Central America, policymakers have been mostconcerned about their countries abilities to absorb the large number of deportees,which pose challenges for social service providers, and the effect of criminaldeportees on crime. Officials from the region have called on the United States toprovide better information on deportees with criminal records and to providereintegration assistance to help returning nationals.

CRS Products

CRS Report RL33659,Border Security: Barriers Along the U.S. International Border,by Blas Nunez-Neto and Stephen R. Vina.

CRS Report RL32044,Immigration: Policy Considerations Related to Guest WorkerPrograms, by Andorra Bruno.

CRS Report RS20844, Temporary Protected Status: Current Immigration Policy andIssues, by Ruth Ellen Wasem and Karma Ester.

CRS Report RL32235, U.S. Immigration Policy on Permanent Admissions, by RuthEllen Wasem and Karma Ester.


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10 JFK Plot Puts Spotlight on the Caribbean,Latin American Regional Report: Caribbeanand Central America, June 2007, p. 13; and Chris Zambelis, Spotlight on Trinidad andTobagos Jamaat al-Muslimeen, Terrorism Monitor, Jamestown Foundation, June 21,2007.

Terrorism Issues

U.S. attention to terrorism in Latin America intensified in the aftermath of theSeptember 2001 terrorist attacks on New York and Washington, with an increase inbilateral and regional cooperation. Latin American nations strongly condemned theattacks, and took action through the Organization of American States (OAS) to

strengthen hemispheric cooperation. OAS members signed an Inter-AmericanConvention Against Terrorism in 2002. The Senate agreed to the resolution ofadvice and consent on the Convention in the 109 th Congress and the United Statesratified it in November 2005.

In its April 2007 Country Reports on Terrorism, the State Departmenthighlighted threats in Colombia, Peru, and the tri-border area of Argentina, Brazil,and Paraguay. According to the report, there were no known operational cells ofIslamic terrorists in the hemisphere, but pockets of ideological supporters in theregion lent financial, logistical, and moral support to terrorist groups in the MiddleEast.

Cuba has remained on the State Departments list of state sponsors of terrorismsince 1982, which triggers a number of economic sanctions. In May 2006, theDepartment of State, pursuant to Arms Export Control Act, added Venezuela to itsannual list of countries not cooperating on antiterrorism efforts, which triggeredprohibitions on the sale or license of defense articles and services to that country.Cuba also has been on that list for many years.

In early June 2007, the Department of Justice announced that four individuals two Guyanese nationals, one Trinidadian national, and one U.S. citizen ofGuyanese origin were being charged with conspiring to blow up fuel tanks and afuel pipeline at JFK International Airport in New York. U.S. officials laudedcooperation from both Guyana and Trinidad and Tobago as instrumental in deterringthe plot. Some analysts contend that plot focuses attention to the potential securitythreat posed by Muslim extremists in the Caribbean, while others maintain that thereis little evidence to indicate that Muslims in the region are attracted to radicalIslamist ideologies.10

The 110th Congress is continuing to monitor potential terrorist threats in LatinAmerica and the regions cooperation with the United States on antiterrorism efforts.The Administrations FY2008 foreign aid request includes $8.1 million in Anti-Terrorism Assistance and $1.4 million in Terrorist Interdiction Program assistancefor Western Hemisphere countries. Congress continues to be concerned about

progress in Argentinas investigation of the 1994 bombing of the Argentine-IsraeliMutual Association (AMIA) in Buenos Aires that killed 85 people. Allegations havelinked Hezbollah to that bombing and to a 1992 bombing of the Israeli Embassy inArgentina. H.Con.Res. 188 (Ros-Lehtinen), approved by the House on July 30,


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2007, by voice vote, applauds the current government of Argentina for increasing thepace of the AMIA investigation, and calls upon the General Assembly of Interpol touphold and issue red notices, supported by the Executive Committee of Interpol, forfive Iranians implicated in the AMIA bombing. H.Res. 435 (Klein), introduced May23, 2007, would express concern about Irans behavior in Latin America and thethreatening activities of terrorist organizations sponsored by Iran in Latin America.

CRS Products

CRS Report RS21049,Latin America: Terrorism Issues, by Mark P. Sullivan.

HIV/AIDS in the Caribbean and Central America

The AIDS epidemic in the Caribbean and Central America has begun to havenegative consequences for economic and social development in several countries, and

continued increases in HIV infection rates threaten future development prospects.In contrast to other parts of Latin America, the mode of HIV transmission in severalCaribbean and Central American countries has been primarily through heterosexualcontact, making the disease difficult to contain because it affects the generalpopulation. The countries with the highest prevalence or infection rates are Belize,the Bahamas, Guyana, Haiti, and Trinidad and Tobago, with rates between 2% and4%; and Barbados, the Dominican Republic, Honduras, Jamaica, and Suriname, withrates between 1% and 2%.

The response to the AIDS epidemic in the Caribbean and Central America hasinvolved a mix of support by governments in the region, bilateral donors (such as the

United States, Canada, and European nations), regional and multilateralorganizations, and nongovernmental organizations (NGOs). Many countries in theregion have national HIV/AIDS programs that are supported through these efforts.

U.S. government funding for HIV/AIDS in the Caribbean and Central Americahas increased significantly in recent years. Aid to the region rose from $11.2 millionin FY2000 to $33.8 million in FY2003. Because of the inclusion of Guyana andHaiti as focus countries in the Presidents Emergency Plan for AIDS Relief(PEPFAR), U.S. assistance to the region for HIV/AIDS increased to $47 million inFY2004, $83 million in FY2005, $93 million in FY2006, and an estimated $118million in FY2007. For FY2008, the Administration requested almost $132 millionin HIV assistance for the Caribbean and Central America, with $83 million for Haitiand $21 million for Guyana.

In the 110th Congress, H.R. 848 (Fortuo), introduced February 6, 2007, wouldadd 14 Caribbean countries to the list of focus countries targeted for increasedHIV/AIDS assistance. The additional countries are Antigua & Barbuda, Barbados,the Bahamas, Belize, Dominica, Grenada, Jamaica, Montserrat, St. Kitts & Nevis, St.Vincent and the Grenadines, St. Lucia, Suriname, Trinidad & Tobago, and theDominican Republic. Another initiative, H.Con.Res. 166 (Lee), introduced June 7,


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2007, would support the goals and ideals of National Caribbean American HIV/AIDSAwareness Day.

CRS Products

CRS Report RL32001,AIDS in the Caribbean and Central America, by Mark P.

Sullivan.

CRS Report RL33485, U.S. International HIV/AIDS, Tuberculosis, and MalariaSpending: FY2004-FY2007, by Tiaji Salaam-Blyther.

Gangs in Central America

The 110th Congress maintains a strong interest in the effects of crime and gangviolence in Central America, and its spillover effects on the United States. SinceFebruary 2005, more than 1,374 members of the violent Mara Salvatrucha (MS-13)

gang have been arrested in cities across the United States. These arrests are raisingconcerns about the transnational activities of Central American gangs. Governmentsthroughout the region are struggling to find the right combination of suppressive andpreventive policies to deal with the gangs. Some analysts assert that increasing U.S.deportations of individuals with criminal records to Central American countries maybe contributing to the gang problem.

Most experts argue that the repressive anti-gangs laws adopted by El Salvadorand Honduras have failed to reduce violence and homicides in those countries, andthat law enforcement solutions alone will not solve the gang problem. Analysts alsopredict that illicit gang activities may accelerate illegal immigration and trafficking

in drugs, persons, and weapons to the United States, although a recent United Nationsreport challenges those assertions. Others maintain that contact between gangmembers across the regions is increasing, and that this tendency may cause increasedgang-related violent crime in the United States.

Several U.S. agencies have been actively engaged on both the law enforcementand preventive side of dealing with Central American gangs. The National SecurityCouncil (NSC) created an inter-agency task force to develop a comprehensive, three-year strategy to deal with international gang activity. The strategy, which is nowbeing implemented, states that the U.S. government will pursue coordinated anti-gang activities through five broad areas: diplomacy, repatriation, law enforcement,capacity enhancement, and prevention.

In the 110th Congress, immigration legislation has been introduced H.R. 1645(Gutierrez), S. 330 (Isakson), and S. 1348 (Reid) that includes provisions toincrease cooperation among U.S., Mexican, and Central American officials in thetracking of gang activity and in the handling of deported gang members. The House-passed version of the FY2008 State, Foreign Operations, and Related AgenciesAppropriations bill (H.R. 2764; H.Rept. 110-197) would provide $8 million to theState Department to combat criminal youth gangs, an increase of $3 million from theAdministrations request. In Central America, that funding would support a regional


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anti-gang initiative aimed at prevention, police training, and judicial reform. On July31, 2007, the House Committee on Foreign Affairs approved H.Res. 564 (Engel)recognizing that violence poses an increasingly serious threat to peace and stabilityin Central America and supporting expanded cooperation between the United Statesand Central America to combat crime and violence.

CRS Products

CRS Report RS22141, Gangs in Central America, by Clare Ribando.

Afro-Latinos

The 110th Congress has maintained an interest in the situation of Afro-Latinosin Latin America, particularly the plight of Afro-Colombians affected by the ongoingarmed conflict in Colombia. In recent years, people of African descent in the

Spanish- and Portuguese-speaking nations of Latin America also known asAfro-Latinos have been pushing for increased rights and representation. Afro-Latinos comprise some 150 million of the regions 540 million total population, and,along with women and indigenous populations, are among the poorest, mostmarginalized groups in the region. Afro-Latinos have formed groups that, with thehelp of international organizations, are seeking political representation, human rightsprotection, land rights, and greater social and economic rights and benefits.Improvement in the status of Afro-Latinos could be difficult and contentious,however, depending on the size and circumstances of the Afro-descendantpopulations in each country.

Assisting Afro-Latinos has never been a primary U.S. foreign policy objective,although a number of foreign aid programs benefit Afro-Latino populations. Whilesome foreign aid is specifically targeted towards Afro-Latinos, most is distributedbroadly through programs aimed at helping all marginalized populations. SomeMembers may support increasing U.S. assistance to Afro-Latinos, while others mayresist, particularly given the limited amount of development assistance available forLatin America.

In the 110th Congress, the House-passed version of the FY2008 State, ForeignOperations, and Related Agencies Appropriations bill (H.R. 2764; H.Rept. 110-197)would require that $5 million of U.S. funding for aerial fumigation in Colombia beused to protect biodiversity, indigenous reserves, and Afro-Colombian lands subjectto spraying, and stipulate that no less than $15 million in U.S. developmentassistance be provided to Afro-Colombian and indigenous communities. The billwould also require the State Department to certify that the Colombian military is notviolating the land and property rights of Afro-Colombians. On July 11, 2007, theHouse passed H.Res 426 (McGovern), recognizing 2007 as the year of the rights ofinternally displaced persons (including Afro-Colombians) in Colombia and offeringU.S. support to programs that seek to assist and protect them. Another initiative,H.Res. 618 (Payne), introduced on August 3, 2007, would recognize the importanceof addressing the plight of Afro-Colombians.


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CRS Products

CRS Report RL32713,Afro-Latinos in Latin America and Considerations for U.S.Policy, by Clare Ribando.

Trafficking in Persons in Latin America and the Caribbean

Trafficking in persons for sexual exploitation or forced labor, both within acountry and across international borders, is a lucrative criminal activity that is ofmajor concern to the United States and the international community. Trafficking inpersons affects nearly every country and region in the world. While most traffickingvictims still appear to originate from South and Southeast Asia or the former SovietUnion, human trafficking is a growing problem in Latin America and the Caribbean.Countries in Latin America serve as source, transit, and destination countries fortrafficking victims. Latin America is also a primary source for the estimated 14,500to 17,500 people that are trafficked to the United States each year. According to theState Department, trafficking is increasingly tied to organized criminal groups,including Mexican drug cartels, who exploit undocumented migrants, especially inthe U.S.- Mexico border region.

Congress has taken a leading role in fighting human trafficking by passing theVictims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), theTrafficking Victims Protection Reauthorization Act of 2003 (P.L. 108-193), and theTrafficking Victims Protection Reauthorization Act of 2005 (P.L. 109-164). As aresult of that legislation, the State Department and other U.S. agencies provided morethan $74 million in anti-trafficking assistance to foreign governments in FY2006(latest available data).

On June 12, 2007, the State Department released its seventh annual Traffickingin Persons Report(TIP), which divides countries into four groups according to theefforts they are making to combat trafficking. Tier 3 countries are those that have notmade an adequate effort to combat trafficking and are subject to sanctions. In the2007 TIP report, Cuba and Venezuela are the only countries identified as Tier 3 inthe region, but six others including Argentina, Dominican Republic, Guatemala,Guyana, Honduras, and Mexico are on the Tier 2 Watch List. The President mustmake a determination within 90 days from the release of the TIP report on whetherto impose sanctions on any or all of the Tier 3 countries.

In the 110th

Congress, both chambers are continuing to address humantrafficking as part of their authorization, appropriations, and oversight activities. TheImplementing the 9/11 Commission Recommendations Act of 2007 (H.R. 1/P.L.110-53), which President Bush signed into law on August 3, 2007, increases fundingand equipment to strengthen the Human Smuggling and Trafficking Center withinthe Department of Homeland Security. The Trafficking Victims ProtectionReauthorization Act of 2007, H.R. 270 (Smith), introduced on January 5, 2007,would authorize funds for anti-trafficking programs for FY2008 through FY2010.


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CRS Products

CRS Report RL33200, Trafficking in Persons in Latin America and the Caribbean, byClare Ribando.

CRS Report RL30545, Trafficking in Persons: The U.S. and the InternationalResponse, by Clare Ribando.

Country Issues

Bolivia

In the past few years, Bolivia has experienced extreme political unrest resultingin the country having six presidents since 2001. Evo Morales, an indigenous leaderof the leftist Movement Toward Socialism (MAS) party, won a convincing victory

in the December 18, 2005, presidential election with 54% of the votes. He wasinaugurated to a five-year term on January 22, 2006.

President Morales has moved to fulfill his campaign promises to decriminalizecoca cultivation, nationalize the countrys natural gas industry, and enact land reform.These policies have pleased some of his supporters, but leftist social movements andother actors are pressuring him to adopt even more radical proposals. Moralespolicies have deeply divided Bolivians, particularly concerning issues of land tenureand Hugo Chvezs influence in the country. His policies have also complicatedBolivias relations with some of its neighboring countries (namely Brazil), foreigninvestors, and the United States.

A central goal of the Morales government, enacting constitutional reforms, hasfaced serious obstacles. In August 2006, many Bolivians hoped that the constituentassembly (CA) elected in July of that year would be able to carry out meaningfulreforms and respond to the eastern provinces demands for regional autonomy. Ayear into its mandate, the CA has produced 700 proposed articles for the newconstitution, but has yet to approve any of them. Most observers doubt that CAdelegates will be able to reach a consensus on a draft constitution by December 14,2007, the new deadline for the assemblys completion, particularly after itsdeliberations were suspended in mid-August 2007 amidst popular protests.

U.S. interest in Bolivia has traditionally centered on its role as a coca producerand its relationship to Colombia and Peru, the two other major coca- and cocaine-producing countries in the Andes. U.S.-Bolivian relations have been strained by theMorales governments unorthodox drug policy, increasing ties with Venezuela andCuba, and its nationalization measure. Some U.S. officials have stated thatdemocracy in Bolivia could be at risk because of measures taken by PresidentMorales to eliminate checks on his authority.

In FY2006, Bolivia received $136.7 million in U.S. foreign assistance,including some $79.2 million in counternarcotics funds.In FY2007, Bolivia received


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an estimated $125.23 million, including $66 million in counternarcotics funds. TheFY2008 request for Bolivia is for some $114.57 million, including $30 million incounternarcotics funds. In June 2007, Congress voted to extend trade preferences forBolivia, along with Colombia, Ecuador, and Peru, under the Andean TradePreferences and Drug Eradication Act (ATPDEA) through February 2008. The 110th

Congress is considering what level of foreign assistance Bolivia should receive, and

whether its existing trade preferences should be extended.

CRS Products

CRS Report RL32580,Bolivia: Political and Economic Developments andImplications for U.S. Policy, by Clare Ribando.

CRS Report RL32770,Andean-U.S. Free Trade Agreement Negotiations, by M.Angeles Villarreal.

Brazil

On January 1, 2007, Luis Incio Lula da Silva, of the leftist Workers Party(PT), was inaugurated for a second four-year term as President of Brazil afterdefeating Geraldo Alckmin, former governor of the state of So Paulo, of theBrazilian Social Democratic Party (PSDB), in a run-off presidential election held inlate October 2006. Lula captured 61% of the votes as compared to Alckmins 39%,winning handily in the poorer, north and northeastern regions of the country, butfailing to carry the more prosperous southern and western states or So Paulo, thecountrys industrial and financial hub. In the second round, Brazilians voted in favorof continuing macroeconomic stability under a second Lula Administration despitethe corruption scandals that had involved Lulas party, including many of his closestadvisers, during the first term.

President Lula has formed a broad governing coalition that he hopes will becapable of pushing his agenda through Brazils notoriously fractured legislature.Although he continues to enjoy high personal approval ratings, President Lulasgoverning coalition has already been weakened by several corruption scandals,including one that resulted in the May 2007 resignation of the Minister of Mines andEnergy. The Lula government has launched a plan aimed at accelerating thecountrys lagging growth rates by increasing public and private investment in energy,logistics, housing, and water sanitation. His other immediate tasks include

addressing issues of crime and violence and improving the countrys infrastructure,including its airline industry.

Relations with the United States have been generally positive, althoughPresident Lula has made relations with neighboring countries in Latin America hisfirst priority, and has sought to strengthen ties with nontraditional partners, includingIndia and China. Brazil-U.S. cooperation has increased in recent months, particularlyon energy issues. President Bush visited Brazil on March 9, 2007, which wasfollowed by a visit from President Lula to Camp David on March 31. During thosevisits, the leaders launched a new energy partnership to encourage ethanol production


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and use throughout the Western Hemisphere. Some analysts predict that promotingethanol may help Brazil reassert regional leadership relative toHugo Chvez of oil-rich Venezuela.

In recent years, congressional interest in Brazil has centered on the U.S.-Brazilian bilateral trade relationship, as well as Brazils role in sub-regional, regional,

and global trade talks in the Doha round of the World Trade Organization (WTO)negotiations. In December 2006, Congress extended trade preferences for Brazilunder the Generalized System of Preferences (GSP), but set thresholds that may limittrade preferences for some Brazilian exports. Interest in Brazil also focuses on itsrole as a stabilizing force in Latin America, especially with respect to Venezuela andBolivia. There is increasing congressional interest in Brazils role as an ethanolproducer. S. 1007 (Lugar), the United States-Brazil Energy Cooperation Pact of2007, would direct the Secretary of State to work with Brazil and other WesternHemisphere countries to develop partnerships to accelerate the development ofbiofuels production, research, and infrastructure. Brazil is also a key U.S. ally whosecooperation is sought on issues that include counternarcotics efforts; human rightsconcerns; the environment, including protection of the Amazon; and HIV/AIDSprevention.

CRS Products

CRS Report RL33456,Brazil-U.S. Relations, by Clare M. Ribando.

Colombia

Colombian President Alvaro Uribe was reelected on May 28, 2006, with 62%of the vote. Parties loyal to President Uribe also won a majority of both houses ofcongress in the March 2006 congressional elections. Uribes second term has thus farbeen marred by scandals, including a Supreme Court investigation into the allegedparamilitary ties of several pro-Uribe congressmen. President Uribe has been a strongally of the United States and a supporter of U.S. counternarcotics efforts in the regionand, through the Andean Counterdrug Initiative (ACI), Colombia is the largest U.S.foreign aid recipient in Latin America.

U.S. policy toward Colombia has come under scrutiny in the 110th Congress asMembers are concerned about the effectiveness of U.S. counternarcotics efforts inreducing the supply of cocaine; alleged Colombian government ties to paramilitaries;and human rights conditions. The House-passed FY2008 State, Foreign Operations,and Related Programs Appropriations bill, H.R. 2764, would cut theAdministrations request of some $590 million by almost $60 million; significantly,the House approved a shift in the proportion of U.S. assistance for alternativedevelopment from 25% to 45% of U.S. aid to Colombia. Colombia has beenlobbying Congress to continue current assistance levels and to approve the U.S.-Colombia Trade Promotion Agreement (CTPA), which was approved by theColombian Congress on June14, 2007. Supporters of the agreement maintain that the


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11 U.S. Department of State, International Narcotics Control Strategy Report, March 2006,p. 101.

12 Organization of American States, Seventh Quarterly Report of the Secretary General tothe Permanent Council on the Mission to Support the Peace Process in Colombia(MAPP/OEA), August 30, 2006.

trade agreement will enhance Colombia's ability to reduce poverty in the country, butcritics are concerned about the targeting of labor activists in Colombia. Othermatters of congressional interest in Colombia relate to the level of risk to U.S.personnel in Colombia, including the continued captivity of three American hostagesby the Revolutionary Armed Forces of Colombia (FARC); Afro-Colombians; and theparamilitary demobilization process.

Colombia produces 70% of the worlds supply of cocaine, according to the U.N.Office on Drugs and Crime, and a significant amount of the heroin entering theUnited States.11 Illegally armed groups of both the left and right are believed toparticipate in the drug trade. In March 2006, the United States indicted fiftycommanders of the FARC for drug trafficking. The United States has also requestedthe extradition of 23 paramilitary leaders on drug trafficking charges. In 2004,Congress raised the cap on military personnel allowed to be deployed in Colombiafrom 400 to 800 for military personnel and from 400 to 600 for civilian contractors(FY2005 Ronald W. Reagan National Defense Authorization Act, P.L. 108-375). In2006, Congress extended the increased cap on military personnel and civiliancontractors through 2008 (John Warner National Defense Authorization Act forFiscal Year 2007, P.L. 109-364).

A scandal involving alleged paramilitary ties to politicians, including currentmembers of the Colombian Congress, erupted in November 2006. Since the so-called para-political scandal broke several Colombian politicians, including over adozen current members of the Colombian Congress, have been charged with ties toparamilitary groups. Members of Congress from several parties have been implicatedin the scandal, though the majority are from pro-Uribe parties. Several governors andformer members of Congress have also been caught up in the scandal. ForeignMinister Maria Consuelo Araujo was forced to resign due to the investigation intoher brother's and father's connections to the paramilitaries and their involvement in

the kidnaping of Alvaro Araujo's opponent in a Senate election.

On July 15, 2003, the Uribe Administration announced an agreement withleaders of the paramilitary United Self-Defense Forces of Colombia (AUC) that ledto the demobilization of nearly 31,000 paramilitaries as of July 2006. An estimated2,000 paramilitaries remain outside of the disarmament process, and there arecredible reports that paramilitary groups are re-organizing in several regions ofColombia.12 The demobilization process has been controversial. Critics maintainthat there is no mechanism to ensure that demobilizing leaders fully disclose theircrimes in exchange for reduced sentence and likely protection from extradition to theUnited States. Critics also are concerned that the demobilization process does not

address the criminal enterprises, such as narcotics trafficking, that financed theAUCs political operations and that the paramilitaries are re-organizing, notdemobilizing. Further concern has focused on the ability of the government to re-


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incorporate ex-fighters into civilian life and to provide some type of restitution totheir victims.

Colombia has the second largest population of internally displaced persons(IDPs) in the world, behind Sudan. The U.S. Committee for Refugees and theColombian government report that there are 3 million IDPs in Colombia. The United

Nations High Commissioner on Refugees reports that some 200,000 Colombianswere newly displaced in 2006, and over 200,000 Colombian refugees and asylumseekers outside of Colombia. U.S. efforts to resettle Colombian refugees, begun in2002, have been limited due to provisions of the REAL ID Act of 2005 (included inP.L. 109-13), which bars admission to the United States of persons who haveprovided material support to terrorist groups. In 2005, the United Nations HighCommissioner for Refugees (UNHCR) stopped referring Colombians forresettlement to the United States because of this issue. (Also see sections above onAndean Counterdrug Initiative and U.S.-Colombia Trade PromotionAgreement.)

CRS Products

CRS Report RL32250, Colombia: Issues for Congress, by Colleen Cook.

CRS Report RL33370,Andean Counterdrug Initiative (ACI) and Related FundingPrograms: FY2007 Assistance, by Connie Veillette.

CRS Report RS22419, U.S.-Colombia Trade Promotion Agreement, by AngelesVillarreal.

Cuba

Since the early 1960s, U.S. policy toward Cuba under Fidel Castro has consistedlargely of isolating the communist nation through economic sanctions, which theBush Administration has tightened significantly. A second policy component hasconsisted of support measures for the Cuban people, including private humanitariandonations and U.S.-sponsored radio and television broadcasting to Cuba. As in pastyears, the main issue for U.S. policy toward Cuba in the 110th Congress is how tobest support political and economic change in one of the worlds remainingcommunist nations. Unlike past years, however, Congress is now examining policy

toward Cuba in the context of Fidel Castros temporary, and potentially permanent,departure from the political scene because of health conditions. Over the past severalyears, one or both houses have at times approved legislative provisions that wouldease U.S. sanctions on Cuba, but ultimately these provisions have been stripped outof the final enacted measures, in part because of presidential veto threats.

In the 110th Congress, both the House-passed and Senate AppropriationsCommittee-reported versions of the FY2008 Financial Services and GeneralGovernment appropriations bill, H.R. 2829, have provisions that would prevent fundsfrom being used to require the payment of cash in advance prior to the shipment of


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U.S. agricultural goods to Cuba; the Senate version also would ease restrictions ontravel to Cuba for the marketing and sale of agricultural and medical goods. S. 1859,the Senate Appropriations Committee version of the FY2008 agricultureappropriations bill, also has a provision that would ease travel restrictions for themarketing and sale of agricultural and medical goods. On July 27, 2007, the Houserejected H.Amdt. 707 to H.R. 2419, the 2007 farm bill, that would have facilitated

the export of U.S. agricultural exports to Cuba in several ways.

Several other initiatives would ease Cuba sanctions: H.R. 177 (educationaltravel), H.R. 216 (Cuban baseball players), H.R. 217 and H.R. 624 (overallsanctions), H.R. 654, S. 554, and S. 721 (travel), H.R. 757 (family travel andremittances), H.R. 1026 (sale of U.S. agricultural products), H.R. 2819/S. 1673 (saleof U.S. agricultural and medical products and travel), and S. 1268 (development ofCubas offshore oil). S. 554 also would terminate U.S.-government sponsoredtelevision broadcasting to Cuba. Several initiatives would tighten sanctions: H.R. 525(related to U.S. fugitives in Cuba), and H.R. 1679/S. 876 (related to Cubas offshoreoil development). Two initiatives, H.R. 1306 and S. 749, would amend a provisionof law restricting the registration or enforcement of certain Cuban trademarks; H.R.217, H.R. 624, H.R. 2819, and S. 1673 would repeal the trademark sanction.

The House-passed version of the FY2008 foreign aid appropriations measure,H.R. 2764, would fully fund the Administrations request for $45.7 million for Cubademocracy programs, while the Senate Appropriations Committee report to the billrecommends $15 million. The House version would prohibit funding forcounternarcotics cooperation with Cuba, while the Senate version would provide $1million. Both versions would provide $33.681 million for Cuba broadcasting, $5million less than the request, but the same provided for FY2007.

CRS Products

CRS Report RL33819, Cuba: Issues for the 110th Congress, by Mark P. Sullivan.

CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Legislative Initiatives, byMark P. Sullivan.

CRS Report RL33622, Cubas Political Future Scenarios and U.S. Policy Approaches,by Mark P. Sullivan.

CRS Report RL32251, Cuba and the State Sponsors of Terrorism List, by Mark P.Sullivan.

CRS Report RS20468, Cuban Migration Policy and Issues, by Ruth Ellen Wasem.

CRS Report RL33499,Exempting Food and Agriculture Products from U.S. EconomicSanctions: Status and Implementation, by Remy Jurenas.


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Ecuador

Ecuador, a small, oil-producing country in the Andean region of South America,has experienced a decade of severe political and economic instability. On January15, 2007, Rafael Correa, a left-leaning, U.S.-trained economist, was inaugurated toa four-year term as President of Ecuador, becoming the countrys eighth president in

ten years. Correa defeated Alvaro Noboa, a wealthy banana magnate, in a run-offelection held in late November 2006, with 57% of the vote as compared to Noboas43%.

President Correa is fulfilling his campaign pledge to call a constituent assemblyto reform Ecuadors constitution. However, he has yet to enact his other campaignpromises, which included renegotiating Ecuadors foreign debt and further increasingstate control over foreign oil companies. On April 15, 2007, 82% of eligibleEcuadorians voted in favor of convoking a constituent assembly with the power torewrite the countrys constitution and to dismiss its current elected officials, despitevehement protests from the opposition-led Ecuadorian Congress. Ecuadors

constitutional court is still considering the legality of the events that led up to thereferendum. In the meantime, elections for constituent assembly delegates arescheduled for September 30, 2007. Critics contend that Correa appears to be usingthe constituent assembly as a pretense to strengthen his power base.

Ecuador has traditionally had close relations with the United States, althoughrecent trade disputes have strained bilateral relations. Negotiations for a bilateral freetrade agreement were suspended indefinitely in May 2006 following Ecuadorsdecision to expel a U.S. oil company, Occidental, from the country withoutcompensation for an alleged breach of contract.

U.S. officials have pledged to cooperate with the Correa government, but havealso expressed concerns about Correas ties with Hugo Chvez of Venezuela and hispolicies on trade and counternarcotics matters. President Correa opposes completingnegotiations of a free trade agreement with the United States, and is not willing torestart negotiations as a condition to continue receiving U.S. trade preferences underthe Andean Trade Preferences and Drug Eradication Act (ATPDEA), which are dueto expire on February 29, 2008. President Correa has recently confirmed that hisgovernment will not renew the lease on the U.S. air base at Manta, which is used forU.S. aerial counter-drug monitoring operations, when it expires in 2009. He hasexpressed reservations about any Ecuadorian involvement in Plan Colombia andpublicly opposed the Colombian armys incursions into Ecuadorian terr

agriculture law: rl33828

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