[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1312.23]

[Page 126-127]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1312--IMPORTATION AND EXPORTATION OF CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 1312.23  Issuance of export permit.

    (a) The Administrator may authorize exportation of any controlled 
substance listed in Schedule I or II or any narcotic controlled 
substance listed in Schedule III or IV if he finds that such

[[Page 127]]

exportation is permitted by subsections 1003(a), (b), (c), or (d) of the 
Act (21 U.S.C. 953 (a), (b), (c), or (d).
    (b) The Administrator may require that such non-narcotic controlled 
substances in Schedule III as shall be designated by regulation in 
Sec. 1312.30 of this part be exported only pursuant to the issuance of 
an export permit. The Administrator may authorize the exportation of 
such substances if he finds that such exportation is permitted by 
section 1003(e) of the Act (21 U.S.C. 953(e)).
    (c) If a non-narcotic substance listed in Schedule IV or V is also 
listed in Schedule I or II of the Convention on Psychotropic Substances, 
it shall be exported only pursuant to the issuance of an export permit. 
The Administrator may authorize the exportation of such substances if he 
finds that such exportation is permitted by section 1003(e) of the Act 
(21 U.S.C. 953(e)).
    (d) The Administrator may require an applicant to submit such 
documents or written statements of fact relevant to the application as 
he deems necessary to determine whether the application should be 
granted. The failure of the applicant to provide such documents or 
statements within a reasonable time after being requested to do so shall 
be deemed to be a waiver by the applicant of an opportunity to present 
such documents or facts for consideration by the Administrator in 
granting or denying the application.
    (e) Each export permit shall be issued in septuplet and serially 
numbered, with all seven copies bearing the same serial number and being 
designated ``original'' (Copy 1), ``duplicate'' (Copy 2), etc., 
respectively. Each export permit shall be predicated upon an import 
certificate or other documentary evidence. Export permits are not 
transferable.
    (f) No export permit shall be issued for the exportation of any 
narcotic drug to any country when the Administrator has information to 
show that the estimates submitted with respect to that country for the 
current period, under the Narcotic Limitation Convention of 1931, or the 
Single Convention on Narcotic Drugs of 1961, have been, or, considering 
the quantity proposed to be imported, will be exceeded. If it shall 
appear through subsequent advice received from the International 
Narcotic Control Board of the United Nations that the estimates of the 
country of destination have been adjusted to permit further importation 
of the narcotic drug, an export permit may then be issued if otherwise 
permissible.

[36 FR 23625, Dec. 11, 1971, as amended at 37 FR 15923, Aug. 8, 1972. 
Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 52 FR 17290, 
May 7, 1987]