-CITE-
21 USC Sec. 953 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER II - IMPORT AND
EXPORT
-HEAD-
Sec. 953. Exportation of controlled
substances
-STATUTE-
(a) Narcotic drugs
in schedule I, II, III, or IV It
shall be unlawful to export from the United States any narcotic
drug in schedule I, II, III, or IV unless -
(1) it is exported to a country
which is a party to -
(A) the International Opium
Convention of 1912 for the Suppression
of the Abuses of Opium, Morphine, Cocaine, and Derivative
Drugs, or to the International Opium Convention signed
at Geneva on February 19, 1925; or
(B) the Convention for Limiting
the Manufacture and Regulating
the Distribution of Narcotic Drugs concluded at Geneva,
July 13, 1931, as amended by the protocol signed at Lake
Success on December 11, 1946, and the protocol bringing under
international control drugs outside the scope of the convention
of July 13, 1931, for limiting the manufacture and regulating
the distribution of narcotic drugs (as amended by the
protocol signed at Lake Success on December 11, 1946), signed
at Paris, November 19, 1948; or (C)
the Single Convention on Narcotic Drugs, 1961, signed at New
York, March 30, 1961;
(2) such country has instituted
and maintains, in conformity with
the conventions to which it is a party, a system for the control
of imports of narcotic drugs which the Attorney General deems
adequate;
(3) the narcotic drug is consigned
to a holder of such permits or licenses as may be required under the laws
of the country of import, and a permit or license to import such drug has
been issued by the country of import;
(4) substantial evidence is furnished
to the Attorney General by the exporter that (A) the narcotic drug is to
be applied exclusively to medical or scientific uses within the country
of import, and (B) there is an actual need for the narcotic drug for medical
or scientific uses within such country; and (5) a permit to export the narcotic
drug in each instance has been issued by the Attorney General.
(b) Exception for
exportation for special scientific purposes
Notwithstanding subsection (a) of this section, the Attorney General may authorize
any narcotic drug (including crude opium and coca leaves) in schedule I, II,
III, or IV to be exported from the United States to a country which is a party
to any of the international instruments mentioned in subsection (a) of this
section if the particular drug is to be applied to a special scientific purpose
in the country of destination and the authorities of such country will permit
the importation of the particular drug for such purpose.
(c) Nonnarcotic
controlled substances in schedule I or II
It shall be unlawful to export
from the United States any nonnarcotic
controlled substance in schedule I or II unless -
(1) it is exported to a country
which has instituted and maintains
a system which the Attorney General deems adequate for the
control of imports of such substances;
(2) the controlled substance is
consigned to a holder of such permits
or licenses as may be required under the laws of the country
of import;
(3) substantial evidence is furnished
to the Attorney General that (A) the controlled substance is to be applied
exclusively to medical, scientific, or other legitimate uses within the
country to which exported, (B) it will not be exported from such country,
and (C) there is an actual need for the controlled substance for medical,
scientific, or other legitimate uses within the country; and
(4) a permit to export the controlled
substance in each instance
has been issued by the Attorney General.
(d) Exception for
exportation for special scientific purposes
Notwithstanding subsection
(c) of this section, the Attorney General
may authorize any nonnarcotic controlled substance in schedule
I or II to be exported from the United States if the particular
substance is to be applied to a special scientific purpose
in the country of destination and the authorities of such country
will permit the importation of the particular drug for such purpose.
(e) Nonnarcotic
controlled substances in schedule III or IV; controlled substances in schedule
V
It shall be unlawful to export from the United States to any other country
any nonnarcotic controlled substance in schedule III or IV or any controlled
substances in schedule V unless -
(1) there is furnished (before
export) to the Attorney General documentary proof that importation is not
contrary to the laws or regulations of the country of destination for consumption
for medical, scientific, or other legitimate purposes;
(2) it is exported pursuant to
such notification or declaration,
or in the case of any nonnarcotic controlled substance
in schedule III, such export permit, notification, or declaration
as the Attorney General may by regulation prescribe; and
(3) in the case of a nonnarcotic
controlled substance in schedule IV or V which is also listed in schedule
I or II of the Convention on Psychotropic Substances, it is exported pursuant
to such export permit requirements, prescribed by regulation of the Attorney
General, as are required by the Convention.
-SOURCE-
(Pub. L. 91-513, title III, Sec.
1003, Oct. 27, 1970, 84 Stat. 1286;
Pub. L. 95-633, title I, Sec. 106, Nov. 10, 1978, 92 Stat. 3772;
Pub. L. 98-473, title II, Sec. 522, Oct. 12, 1984, 98 Stat. 2076.)
-REFTEXT-
REFERENCES IN TEXT
Schedules I, II, III, IV and V,
referred to in text, are set out in section 812(c)
of this title.
-MISC2-
AMENDMENTS
1984 - Subsec. (e). Pub. L. 98-473
in cl. (1) inserted provisions for
consumption for medical, etc., purposes, added cls. (2) and (3),
and struck out former cls. (2) to (4), respectively, relating to
a special controlled substance invoice, two additional copies of the
invoice, and exportation of a nonnarcotic controlled substance in
schedule III, IV, or V, also listed in schedule I or II of the Convention.
1978 - Subsec. (e)(4). Pub. L.
95-633 added par. (4).
EFFECTIVE DATE
OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective
on date the Convention on Psychotropic Substances enters into force in the
United States (July 15, 1980), see section 112 of Pub. L. 95-633, set out
as an Effective Date note under section 801a of this
title.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
sections 954, 956,
960 of this title;
title 18 section 5032; title 48 section 1972.
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